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What Is a Medical Malpractice Claim?

A medical malpractice claim is the patient complaining of carelessness of a healthcare worker. The patient (or the estate of the patient should the patient die) must show that the negligence resulted in injury or harm.

Lawsuits alleging medical malpractice are generally filed in state trial courts. To prevail in a lawsuit, the party seeking to be harmed must prove four elements of law:

Duty of care

To prove a legal claim, a plaintiff needs to show that he or she was obliged to perform a task by a person or an organization and that they failed to meet it. In the case of medical malpractice, it is the obligation of medical professionals to provide the appropriate standard of care for their patients. This is usually determined by expert testimony.

Expert witnesses help to determine the appropriate medical standards. They then demonstrate how a doctor deviated from those standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that the deviation was directly at fault for the injury suffered by the victim.

Expert testimony is vital, as jurors are often not knowledgeable about anatomy and have watched a number of medical dramas. This is especially relevant in medical malpractice claims as it is often difficult to establish a reasonable standard of care. In the context of a medical malpractice case, the standard of care refers to the level of skill as well as the quality of treatment and the degree of diligence shown by other doctors in comparable specialties under similar circumstances.

Experts in medical malpractice cases are typically surgeons or doctors who have the same training and certification. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors to not speak against each other), it can be challenging to find an expert who is qualified to provide evidence against a colleague in relation to inadequate care.

Breach of duty

Medical malpractice occurs when a doctor commits a mistake that harms the patient. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims are challenging to prove because they involve complicated laws and issues. A good medical malpractice law firm malpractice attorney will evaluate your case to determine if a physician has breached their duty to you.

Your attorney will establish that there was a doctor-patient connection between you and your physician, which is a requirement for any malpractice claim. Your attorney will review your physician's decisions and actions to determine whether the standard of care in your state for doctors with similar backgrounds, training and geographical location is fulfilled.

Physicians are required to follow the guidelines that are set by their patients without omission or deviation. A breach of that duty means that the doctor did not fulfill these standards and Medical Malpractice attorney caused harm to you.

Proving the breach of duty is usually simple with the help of your attorney's research and expert witnesses. Experts can prove that the doctor's actions weren't in line with the standards of medical care and also explain why another medical professional would have acted differently in similar circumstances. Your lawyer should also be able to link the breach of duty to your injuries and damages. Your lawyer will review your medical records, prescription and test results, imaging scans and prescriptions to create solid evidence that the breach of duty by your doctor directly led to your injuries.

Causation

Medical mistakes can increase the risk of a wide range of treatments. To prove causality in a malpractice case an injured patient must establish a direct connection between the alleged negligence and their injuries. In the majority of cases, expert testimony is required as well as assistance of a medical malpractice attorney.

For example, not diagnosing a condition or a serious illness is a common error. If the doctor fails to identify cancer or another condition the result could have devastating consequences for the patient. In this scenario the patient may suffer excessive suffering, and even die. The doctor could be negligent for not diagnosing the condition properly.

Proving that a hospital or doctor has treated you in a negligent manner can be difficult and time-consuming. The evidence you require could be from numerous sources, including medical records and test results, as well as expert testimony from witnesses and oral depositions. Your attorney can assist you obtain and interpret this evidence and also assist you during the deposition process.

It is important to keep in mind that only a healthcare professional is liable for negligence. Nurses and doctors, as opposed to receptionists in medical facilities, are expected to follow the current standards of care. That means that a medical professional should be able of predicting the outcomes from their skills and knowledge.

Damages

In medical malpractice lawsuits, courts hear about monetary damages to compensate the injured patient. These damages could include past and future medical bills, lost wages, pain and suffering, disfigurement, and loss of enjoyment of life. In some cases, punitive damages are granted in certain cases. They are reserved for criminal acts that society is trying to discourage.

A medical malpractice case starts with the filing in the court of an administrative summons. Then, the parties will engage in discovery, a process that requires the plaintiff and defendants disclose statements under the oath. This may include requesting documents like medical records as well as deposing parties who are involved in a lawsuit and interviewing witnesses.

One of the primary elements to prove in a medical negligence case is that the doctor was under a legal duty to provide medical treatment and care to the patient. The second part is that the doctor violated that duty by failing to adhere the medical standard of practice. The third factor is that the breach resulted in harm to the patient.

It is vital to be aware that the statutes of limitations (the legally-required time frame within which an action for medical malpractice attorneys malpractice must be filed) vary from state to 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.