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What Is a Medical Malpractice Claim?

A medical malpractice claim involves a patient complaining about negligence by a healthcare worker. The patient, or or medical malpractice attorney his or her estate in the case of a deceased patient must demonstrate that the negligence was responsible for injury or harm.

In general, lawsuits claiming medical negligence are filed in the state trial court. To prevail in a lawsuit the party seeking to be harmed must demonstrate four legal elements:

Duty of care

To prove a legal claim, a plaintiff has to demonstrate that he/she was obliged to perform a task by a third party and that they failed to perform the obligation. In the case of medical malpractice it is a doctor's obligation to provide their patients with the appropriate standards of care. Expert testimony is typically used to establish this.

Expert witnesses can assist in determining appropriate standards of medicine and then show how a doctor has deviated from these standards while treating a patient. A medical malpractice lawyer for a plaintiff must then prove that this error was directly responsible for the victim's injuries.

Using expert testimony is essential since jurors typically have only a basic understanding of anatomy, and they watch many medical dramas. In medical malpractice claims this is crucial since it can be difficult to establish a standard of care. In the context of a medical malpractice case the standard of care refers to the level of expertise of the practitioner, the quality of treatment, and the level of diligence displayed by other physicians in similar areas of expertise 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" among many doctors (a term lawyers use to describe the tendency of doctors not to admit to a case against each other) it can be challenging to find a qualified expert willing to defend a colleague against sub-standard care.

Breach of duty

When a doctor commits an error that hurts the patient, this is medical malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims are complicated legal issues and regulations, making them difficult to prove. A good medical malpractice attorney will investigate your case to determine if a doctor has violated their obligation to you.

Your attorney will establish a doctor/patient relationship between you and your physician which is required to prove a malpractice claim. Your attorney will look into the actions and decisions of your physician to determine if the standard of care in your state for doctors with similar training, experience, and geographic location is in place.

Physicians owe a duty to their patients to adhere to these standards without omission or deviation. A breach of duty means that the doctor failed to meet your expectations and this failure caused you injury.

Proving that a breach of duty occurred is usually straightforward with the help of the research of your attorney and expert witnesses. Experts can testify that the doctor's actions did not meet the standard of medical malpractice lawsuit treatment and also 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, test and prescription results, imaging scans and prescriptions to make solid evidence that the breach of duty by your physician directly caused your injuries.

Causation

All treatments come with a degree of risk, however medical errors can increase those risks. To prove the cause of malpractice in a claim, an injured patient must establish a direct connection between the alleged negligence and their injuries. In many cases, expert testimony is required along with the assistance of a medical malpractice lawyer.

Medical errors can include mistakes in diagnosis, for instance, misdiagnosing serious ailments or illnesses. If doctors fail to recognize cancer or another condition, it can have severe consequences for the patient. In this scenario the patient could experience excessive suffering, and even die. The doctor may have committed a malpractice by not diagnosing the condition properly.

Proving that your doctor or hospital did not treat you properly can be a long and complicated process. The evidence needed may include many sources, including medical reports and test results, as along with expert witness testimony and oral depositions. Your attorney can assist you locate and interpret the evidence, and also represent you during the deposition process.

It is also important to remember that only healthcare professionals can be sued for negligence. Doctors and nurses, in contrast to receptionists in medical centers, are expected to follow the current standards of care. This means that medical professionals should be able of predicting the outcomes from their skills and knowledge.

Damages

In medical malpractice cases, the courts will consider monetary compensations that are meant to compensate injured patients. These damages can include future or past medical bills, loss of wages or income, pain and disfigurement or medical malpractice attorney loss of enjoyment living. In some cases punitive damages could also be awarded; these are reserved for particularly egregious behavior that society has an interest in deterring.

A medical malpractice case usually begins with the filing a civil summons and complaint in court. The parties then engage in discovery, a procedure that requires the plaintiff and defendants disclose statements under swearing. This may include the request of medical records, for instance as well as deposing parties involved in a lawsuit and interviewing witnesses.

One of the most important elements to establish in a medical malpractice case is that the doctor owed the legal obligation of providing healthcare and treatment to the patient. The second aspect to prove is that the doctor did not fulfill this duty by failing adhere to the medical standard of care. The third aspect is that the breach resulted in injury to the patient.

It is crucial to remember that the statute of limitations (the legally-defined period within which a medical malpractice 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.