What Is a Medical Malpractice Claim?

A medical negligence claim involves a patient complaining about the negligence of a healthcare professional. The patient (or medical malpractice attorney the estate of the patient if the patient has passed away) must prove that the negligence led to injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. To prevail in a lawsuit, the party who is claiming damages must demonstrate four legal elements:

Duty of care

In any legal action in any legal matter, the plaintiff must demonstrate that an individual or entity owed them a duty of care and did not fulfill that obligation. In the case of medical negligence, it is the duty of a doctor to provide the appropriate standard of care for their patients. Expert testimony is usually used to determine this.

Expert witnesses assist in determining the proper medical standards and then explain how a doctor deviated from the standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then show that this error was directly responsible for the victim's injury.

Expert testimony is crucial, as jurors are often not familiar with anatomy and have watched a lot medical dramas. In the case of medical malpractice this is crucial since it can be difficult to establish a standard of care. In a medical malpractice claim, the standard refers to the level of skill in the field, the quality of care provided and the degree of diligence that other doctors in similar specialties in similar circumstances.

Experts in medical malpractice cases are typically surgeons or doctors who have similar training and certification. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors to not be able to testify against one another) it can be challenging to find a qualified expert willing to defend a colleague against inadequate care.

Breach of duty

When a doctor commits an error that harms the patient, this is considered medical malpractice. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims are challenging to prove due to complicated laws and issues. A good medical malpractice attorney will review your case to determine if a physician has violated their obligation to you.

Your attorney will establish a doctor-patient relationship between you and your physician which is required to prove a malpractice claim. Your attorney will also examine your doctor's actions and decisions to determine if they meet what is known as the standard of care for doctors with similar training, background and geographic location in your state.

Physicians owe a duty to their patients to adhere to these standards without deviation or omission. A breach of duty implies that the physician did not meet your expectations and this failure caused you injury.

It is simple to establish a breach of duties with the help of expert witnesses and your attorney's research. Experts can testify the doctor's actions weren't in line with the standard of medical treatment and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your lawyer will review your medical records tests, prescriptions, test results and imaging scans to build an argument that your physician's breach of duty directly contributed to your injuries.

Causation

Most treatments carry a degree of risk, but medical errors can increase those risks. To prove causality, a patient who has suffered an injury must establish a direct connection between the alleged negligence of the medical professional and their injury. In many cases, medical malpractice attorney expert witness is required along with the assistance from a medical malpractice attorney.

Medical errors can be mistakes in diagnosis, for instance, misdiagnosing serious illnesses or conditions. If a doctor fails to diagnose cancer or other conditions this could have serious consequences for the patient. In this scenario, the patient may experience unnecessary suffering and even death. The doctor may have committed malpractice by not diagnosing the issue properly.

Finding out if your doctor or hospital did not treat you properly isn't easy and takes a lot of time. The evidence needed may include many sources, such as medical reports and test results, as well as expert witness testimony and oral depositions. Your attorney can assist in obtaining and understanding this evidence, as being your advocate during the process of depositions.

It is important to note that only healthcare professionals can be sued for malpractice. In contrast to receptionists in medical centers, doctors and nurses are expected to act in accordance with prevailing standards of care. This means that medical professionals must be able to foresee consequences based on their skills and knowledge.

Damages

In medical malpractice claims, courts hear about monetary damages intended to compensate the injured patient. These damages can be based on the cost of medical bills in the past or in the future as well as loss of earnings as well as pain and discomfort, disfigurement, or loss of enjoyment living. Punitive damages can be awarded in a few cases. They are only awarded to those who commit crimes that society wishes to deter.

A medical malpractice lawsuit typically starts with the filing of a civil summons and complaint in court. The parties then engage in discovery. This is that requires both parties to take oaths to make statements. This may include asking for medical records as well as deposing parties who are involved in a lawsuit and interviewing witnesses.

One of the primary elements to establish in a medical malpractice case is that the doctor owed a legal duty to provide healthcare and treatment to the patient. The second thing to establish is that the doctor acted in breach of this duty by failing adhere to the medical standard of care. The third factor is whether the breach caused injury to the patient.

It is important to remember that the statute of limitations (the legally defined time period within which a medical malpractice claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.