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What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by an individual who is unhappy with the carelessness of a healthcare professional. 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.

Medical malpractice lawsuits are generally filed in state trial courts. The patient who is aggrieved must demonstrate four legal elements to prevail in a case:

Duty of care

To establish a legal claim, the plaintiff must demonstrate that they was in the position of being owed a duty by a third party and that they failed to fulfill the obligation. In medical malpractice cases it is a physician's obligation to provide their patients with the right standard of treatment. This is usually determined through expert testimony.

Expert witnesses help to determine the appropriate medical malpractice lawsuit standards. They then prove that a physician violated the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that this deviation was directly responsible for the victim's injury.

Expert testimony is vital as jurors are typically not familiar with anatomy and have watched a number of medical dramas. In the case of medical malpractice this is especially important as it is often difficult to establish a standard of care. In a medical malpractice lawsuit the standard is the level of competence, quality of care and level of diligence that other doctors with similar specialties have under similar circumstances.

Generally, experts in medical malpractice claims are surgeons or fellow doctors with similar training and board certifications. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors to not speak against one another), it isn't easy to find a qualified expert willing to defend a colleague against poor care.

Breach of duty

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

Your attorney will establish the relationship was between a doctor and patient you and your physician, which is essential in any malpractice claim. Your attorney will also analyze your physician's actions and decisions to determine whether they complied with what is referred to as the standard of care for Medical malpractice Lawsuit doctors with similar training, background and geographical location in your state.

Physicians are required to follow the guidelines established by their patients without omission or deviation. If they violate this duty, it means that the doctor did not meet the expectations of his patients and resulted in harm to you.

Proving a breach of duty is typically straightforward with the help of the research of your attorney and expert witnesses. Experts can testify to how the doctor's actions did or did not meet the standards of medical care and describe how a different medical professional in similar circumstances would have acted differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will examine your medical records, test and prescription results, imaging scans, and prescriptions to build solid evidence that the breach of duty committed by your physician directly caused your injuries.

Causation

Medical errors can increase the dangers of a wide range of treatments. To prove causation in a malpractice claim the patient who has been injured must establish a direct connection between the alleged negligence and their injuries. In the majority of cases, expert testimony is required, along with assistance of a medical malpractice lawyer.

Medical errors can be the misdiagnosis of serious ailments or illnesses. If doctors fail to recognize cancer or other conditions this could have serious consequences for the patient. In this instance the patient may suffer in pain that is not needed and could even die. If the doctor failed to diagnose the condition properly, the doctor may have committed malpractice.

Proving that your doctor, or hospital was negligent in the treatment you received can be a long and complicated process. Evidence may come from a range of sources, such as medical records and test results, as well as expert witness testimony and depositions. Your lawyer can assist you in obtaining and interpreting the evidence, as well being your advocate during the process of depositions.

It is also important to know that only a healthcare professional can be sued for misconduct. Nurses and doctors, as opposed to receptionists in medical centers, are expected to follow the current standards of treatment. That means that medical professionals should be able to predict the effects based on their skills and education.

Damages

In medical malpractice cases the courts are able to determine monetary damages to compensate the injured patient. The damages may include the cost of medical bills in the past or in the future and lost wages, pain and discomfort, disfigurement, or loss of enjoyment of living. Punitive damages may be granted in certain cases. They are only awarded to those who commit crimes that society wishes to deter.

A medical malpractice case begins with the filing in court of an administrative summons. Then, the parties engage in discovery, a process through which the plaintiff and defendants make statements under the 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.

In a medical malpractice case it is essential to prove that the doctor was legally obligated to provide treatment and care to the patient. The other element to establish is that the doctor breached the duty by failing to adhere to the medical standard of care. The third element is that the breach resulted in injury to the patient.

It is important to note 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 months (30 months) after the date of the medical malpractice.