What Is a Medical Malpractice Claim?

A medical malpractice case is brought by patients who complain about the negligence of a healthcare worker. The patient, or or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.

In general, lawsuits claiming medical negligence are filed in state trial court. To win a lawsuit, the party who is claiming damages must demonstrate four legal elements:

Duty of care

In any legal action, the plaintiff has to demonstrate that an individual or entity was liable to them for a duty of care and failed to meet that obligation. In the case of medical malpractice, it is the duty of medical professionals to provide the appropriate standard of care to their patients. This is usually determined through expert testimony.

Expert witnesses can assist in determining appropriate standards of medicine and then explain how a physician has strayed from these standards in treating the patient. A lawyer for a plaintiff's claim for medical malpractice must establish that the deviation was responsible for the victim's injuries.

Expert testimony is vital because jurors are usually unfamiliar with anatomy and watched a number of medical dramas. This is particularly important in medical malpractice claims as it isn't easy to establish a proper standard of care. In a medical malpractice lawyers malpractice case, the standard refers to the level of skill and care quality, as well as degree of diligence that other physicians in similar specialties have under similar circumstances.

Typically, experts in medical malpractice cases are surgeons or physicians who have the same qualifications and board certifications. Due to the "conspiracy of silence" among many doctors (a term lawyers use to describe the tendency of doctors to not testify against one another), it can be challenging to find an expert who is qualified to provide evidence against a colleague in relation to poor care.

Breach of duty

If a doctor makes an error that hurts the patient, it is considered medical malpractice. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims can be difficult to prove since they are based on complicated laws and issues. A competent medical malpractice lawyer will investigate your case to determine if a physician has violated their obligation to you.

Your attorney will determine if the relationship was between a doctor and patient you and your physician, which is a requirement for any malpractice claim. Your attorney will also review the actions and decisions of your physician to determine whether they complied with what is referred to as the standard of care for doctors of similar education, background and geographical location within your state.

Doctors are required to follow the guidelines established by their patients without deviation or omission. In breach of this duty, the doctor failed to meet those expectations and that failure caused harm to you.

It is easy to prove a breach of duties with the assistance of experts and your attorney's investigation. Those experts can testify as to how the doctor's actions didn't conform to the standards of care and explain how another medical professional in similar circumstances would have acted differently. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records as well as test results, prescriptions and imaging scans to build an argument that the breach of duty of your physician directly resulted in your injuries.

Causation

Medical errors can increase the risks of most treatments. To prove the causality, a patient who has suffered an injury has to show a direct connection between the negligence of the doctor and the injury. In many instances this will require expert testimony and the assistance of a lawyer for medical malpractice.

For example, not diagnosing a condition or a serious disease is a common error. If a doctor fails to diagnose cancer or another disease, it can have severe consequences for the patient. In this situation the patient may suffer unnecessary suffering and even death. The doctor could be negligent for not diagnosing the problem properly.

Proving that your doctor or hospital was negligent in treating you can be a long and complicated process. The evidence needed could include numerous sources, such as medical reports and test results as and expert witness testimony and oral depositions. Your attorney can assist you obtain and interpret this evidence as well as represent you during the deposition process.

It is important to know that only healthcare professionals are liable for malpractice. Nurses and doctors, as opposed to receptionists in medical centers, are expected to follow the current standards of treatment. This means that a medical professional should be able to anticipate the consequences from their skills and knowledge.

Damages

In medical malpractice cases, judges will hear about monetary compensations that are meant to help injured patients. The damages may include future or past medical bills and lost wages as well as pain and medical malpractice lawyers discomfort, disfigurement or loss of enjoyment living. In certain cases punitive damages could also be awarded; these are reserved for the most egregious behavior that society is interested in preventing.

A medical malpractice lawsuit typically starts with the filing of a civil summons and complaint in court. The parties follow up with discovery. This is a process which requires the plaintiff and defendants to take oaths to make statements. This could involve the request of medical records, for instance and depositions of the parties involved in a lawsuit as well as interviewing witnesses.

In a medical malpractice case it is essential to prove that the doctor was legally bound to provide care and treatment to the patient. The second element is that the doctor violated that duty by not adhering to the standard of medical practice. The third element is that the breach caused injury to the patient.

It is vital to note that the statute of limitations (the legally prescribed period within which a medical negligence claim must be filed) differs from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date the date that the underlying cause of medical malpractice occurred.