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What Is a Medical Malpractice Claim?

A medical negligence claim involves a patient who complains of carelessness by a healthcare worker. The patient, or or his or her estate in the case of a deceased patient must show that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are generally filed in state trial courts. In order to win a lawsuit the aggrieved party must prove four elements of law:

Duty of care

In order to prove a legal claim, a plaintiff needs to demonstrate that he/she was owed a duty of duty by a person or an organization and that they failed to perform the obligation. In the case of medical malpractice, it is the obligation of doctors to provide the right level of care to their patients. Expert testimony is typically used to determine this.

Expert witnesses can help determine the proper standards for medical practice and then demonstrate the ways in which a physician has deviated from these standards when treating the patient. A medical malpractice lawyer for a plaintiff must then show that this deviation was directly at fault for the injury suffered by the victim.

Expert testimony is crucial since jurors are often not familiar with anatomy and have watched a lot medical dramas. This is especially important when it comes to medical malpractice claims, as it can be difficult to establish a proper standard of care. In a medical malpractice case, the standard of care refers to the skill level, quality of treatment and the degree of diligence shown by other doctors with similar specialties in similar situations.

The majority of experts in medical malpractice cases are fellow physicians or surgeons with similar qualifications and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors not to be able to testify against each other), it is often difficult to find a qualified expert willing to defend a colleague against sub-standard care.

Breach of duty

Medical malpractice occurs when a physician makes an error that hurts the patient. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims are challenging to prove because they involve complicated laws and concerns. However, a skilled medical malpractice lawyer will look into the facts of your case and determine if a doctor violated his or her duty to the patient.

Your attorney will establish a doctor-patient connection between you and your doctor which is essential to prove a malpractice claim. Your attorney will also look into the actions and decisions of your physician to determine if they complied with what is referred to as the standard of care for doctors with similar training, experience and geographical location in your state.

Physicians have a responsibility to their patients to follow these standards without deviation or omission. If they violate this duty, it means that the doctor failed to meet the expectations of his patients and caused injury to you.

Proving a breach of duty is generally straightforward with the aid of your attorney's research and expert witnesses. These experts can testify that the doctor's actions were not in accordance with the standard of medical care and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will examine your medical records tests, prescriptions, test results and imaging scans to build an argument that proves the breach of duty committed by your physician directly caused your injuries.

Causation

All treatments come with a degree of risk, but medical errors can add to those risks. To prove the causality, the injured patient must establish that there is a direct link between the alleged negligence of the doctor and their injuries. In many cases this requires expert testimony and the assistance of a medical malpractice lawyer.

For example, not diagnosing a condition or a serious illness is a common error. A doctor's inability to recognize cancer or any other illness, can have serious consequences for the patient. In this scenario the patient could suffer unnecessary suffering and even death. The doctor could be negligent for not properly diagnosing the condition.

Proving that your doctor, or hospital was negligent in their treatment of you can be a long and complicated process. The evidence you require could be from numerous sources, including medical records and test results as along with expert witness testimony and oral depositions. Your lawyer can assist you in obtaining and interpreting this evidence, as well as representing you in the process of depositions.

It is vital to understand that only healthcare professionals are liable for malpractice. Unlike receptionists at medical centers, doctors and nurses are expected to operate according to the standards of care. Medical professionals must be able to anticipate consequences based on his or qualifications and education.

Damages

In medical malpractice cases the courts are able to determine monetary damages that are intended to compensate the patient who was injured. These damages can be based on the cost of medical bills in the past or in the future or wages lost or income, pain and disfigurement, or loss of enjoyment of living. Punitive damages can be awarded in a few cases. These are awarded only to egregious acts that society wants to deter.

A medical malpractice lawsuit begins by filing in the court of a civil summons. The parties will then begin discovery. This is a process where the plaintiff and defendants give statements under oath. This could include asking for medical records taking depositions of those involved in a lawsuit and interviewing witnesses.

One of the first things to prove in a medical malpractice case is that the physician had the legal obligation to provide medical care and treatment to the patient. The second aspect is that the doctor violated this obligation by failing to follow the standard of medical malpractice law firms practice. The third element is that the breach resulted in injury to the patient.

It is important to know that the statutes of limitations (the legally-required time frame within which an action for medical malpractice lawyers malpractice has to be filed) vary from state states. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.