What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by patients who complain about the carelessness of a healthcare professional. The patient, or or estate in the instance of a deceased patient, must establish that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are usually filed in state trial courts. To win a lawsuit, the aggrieved party must prove four elements of law:

Duty of care

In any legal case, the plaintiff needs to demonstrate that a third party or entity had a legal obligation to care and then did not fulfill that duty. In medical malpractice cases it is a physician's duty to provide their patients with the right standard of treatment. Expert testimony is typically used to establish this.

Expert witnesses can assist in determining appropriate standards of medical treatment and then reveal how a physician has strayed from these standards when treating patients. A medical malpractice lawyer for a plaintiff must then prove that this deviation was directly at fault for the injury suffered by the victim.

Expert testimony is vital, as jurors are often unfamiliar with anatomy and have watched a lot medical malpractice attorneys dramas. This is particularly important when it comes to medical malpractice claims, as it can be difficult to establish a reasonable standard of care. In a medical malpractice lawsuit the standard refers the level of competence, quality of care and level of care that other physicians in similar specialties in similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons with similar training and accreditation. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors to not be able to testify against one another) it isn't easy to find a qualified expert willing to provide evidence against a colleague in relation to poor care.

Breach of duty

When a doctor commits an error which harms the patient, this is medical malpractice law firms malpractice. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice claims involve complex issues and laws, making them difficult to prove. However, a good medical malpractice lawyer will analyze the circumstances of your case and determine if a doctor has violated his or her duty to the patient.

Your attorney will determine if there was a doctor-patient relationship between you and your doctor, which is required in any malpractice claim. Your attorney will also examine your doctor's actions and decisions to determine if they met what is referred to as the standard of care for doctors of similar education, background and geographic location in your state.

Doctors owe it to their patients to follow these standards without omission or deviation. Breaching that duty means the doctor was not able to meet the expectations of his patients and caused injury to you.

Proving the breach of duty is usually straightforward with the help of your attorney's research and expert witnesses. Experts can testify that the doctor's actions did not meet the standards of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will review your medical records as well as test results, prescriptions and imaging scans to build a convincing case that the breach of duty of your physician directly caused your injuries.

Causation

Medical errors can increase the dangers of many treatments. To prove the causality, the injured patient has to show a direct connection between the negligence of the doctor and their injuries. In many instances, this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors include, for example, misdiagnosing serious illnesses or conditions. If doctors fail to recognize cancer or other conditions this could have serious consequences for the patient. In this situation the patient may suffer unnecessary pain and even die. By failing to diagnose the problem correctly, the doctor may have committed a lapse of judgment.

Proving that a doctor or hospital failed to treat you appropriately can be difficult and time-consuming. Evidence could come from variety of sources, including medical records and test results, as well as expert witness testimony and depositions. Your lawyer can assist you in obtaining and interpreting this evidence, as being your advocate during the process of depositions.

It is also important to know that only healthcare professionals can be sued for negligence. Nurses and doctors, in contrast to receptionists in medical centers, are expected to adhere to current standards of medical care. That means that medical professionals should be able of predicting the outcomes in light of their expertise and knowledge.

Damages

In medical malpractice lawsuits courts will hear about financial damages that are intended to compensate the injured person. These types of damages can include future and past medical bills, lost wages, disfigurement, pain and suffering and loss of enjoyment of life. In some cases, punitive damages are awarded in some cases. They are only awarded to those who commit crimes that society wishes to deter.

A medical malpractice lawsuit typically begins with filing a civil summons and complaint in court. The parties follow up with discovery. It is a process in which the defendant and plaintiff make statements under oath. This could include requesting the exchange of documents, such as medical records, taking depositions from parties involved in the lawsuit and conducting interviews with witnesses.

One of the first elements to establish in a medical malpractice case is that the doctor owed an obligation under law to provide healthcare and treatment to the patient. The second thing to prove is that the doctor violated the obligation by failing to adhere to the medical standard of care. The third factor is whether the breach resulted in harm to the patient.

It is vital to be aware that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice has to be filed) vary from state state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the act that led to medical malpractice took place.