What Is a Medical Malpractice Claim?

A medical malpractice case involves the patient claiming carelessness by a healthcare worker. The patient, or his or his estate in the event of a deceased patient, must demonstrate that the negligence was responsible for injury or harm.

Lawsuits alleging medical malpractice 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

To prove a legal claim, a plaintiff needs to demonstrate that he/she was legally obligated to perform a duty by a third party and that they did not fulfill it. In the case of medical malpractice it is a physician's duty to provide their patients with the proper standards of medical care. This is typically determined through expert testimony.

Expert witnesses can assist in determining appropriate standards of medicine and lawsuits then explain how a doctor departed from these guidelines when treating the patient. A plaintiff's attorney for medical malpractice has to show that the deviance caused the victim's injuries.

Expert testimony is vital, as jurors are often unfamiliar with anatomy and seen a variety of medical dramas. In the case of medical malpractice, this is particularly important since it can be difficult to establish a standard of care. In a medical malpractice lawsuit the standard refers the level of expertise, quality of care and degree of diligence that other doctors with similar specialties possess in similar circumstances.

Experts in medical malpractice cases are usually fellow physicians or surgeons who have the same training and certification. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors not to be able to testify against each other), it isn't easy to find an expert with the qualifications to testify against a colleague regarding the care that is not up to par.

Breach of duty

Medical malpractice happens when a doctor makes a mistake that hurts the patient. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice claims can be complicated issues and laws, making them difficult to prove. A reputable medical malpractice lawyer will evaluate your case to determine whether a doctor has violated their obligation to you.

Your attorney will establish a doctor-patient relationship between you and your doctor that is required to prove a malpractice claim. Your attorney will also look into your physician's actions and decisions to determine if they met what is known as the standard of care for doctors with similar training, experience and geographical location within your state.

Physicians have a responsibility to their patients to abide by these standards, without deviation or omission. Breaching that duty means the doctor did not meet those expectations and that failure resulted in injury to you.

It is easy to prove an infraction of duty with the help of expert witnesses and your attorney's research. Experts can prove that the doctor's actions weren't in line with the standard of medical care and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also tie 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 make a solid case that the breach of duty committed by your physician directly caused your injuries.

Causation

Medical mistakes can increase the risk of many treatments. To prove the causation, the patient must establish a direct connection between the alleged negligence of a medical professional and lawsuits their injury. In many cases this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors can include errors in diagnosis, such as misdiagnosing serious ailments or illnesses. The failure of a doctor to recognize cancer or other conditions, can have serious consequences for a patient. In this instance the patient could be suffering in pain that is not needed and could even end up dying. The doctor could have committed malpractice by not diagnosing the issue properly.

Proving that a medical professional or hospital treated you negligently can be difficult and time-consuming. Evidence may come from a variety sources, such as medical records tests, medical records, expert witness testimony and depositions. Your attorney can assist you obtain and interpret this evidence, as well as assist you during the deposition process.

It is also important to note that only healthcare professionals is liable for negligence. Doctors and nurses, unlike receptionists at medical centers, are expected to adhere to current standards of medical care. A medical professional should be able to predict consequences based on his or his education and expertise.

Damages

In medical malpractice lawsuits, courts hear about monetary damages intended to compensate the victim. These types of damages can include future and past medical bills, lost wages, disfigurement, pain and suffering, and loss of enjoyment of life. Punitive damages can be awarded in certain circumstances. They are only awarded to egregious acts that society wants to deter.

A medical malpractice lawsuit begins with the filing in the court of an administrative summons. The parties then engage in discovery, which is a process where the plaintiffs and defendants make statements under swearing. This may include the exchange of documents such as medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice claim, it is important to prove that the physician was legally bound to provide treatment and care to the patient. The second element is that the doctor breached his duty by not adhering to the lynn medical malpractice law firm standard of care. The third aspect is whether the breach caused injury to the patient.

It is important 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 on which the underlying act of medical malpractice occurred.