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What Is a Medical Malpractice Claim?

A medical malpractice claim involves the patient claiming carelessness of a healthcare worker. The patient, or his or his or her estate in the case of a deceased patient, must establish that the negligence caused injury or harm.

In general, lawsuits claiming medical negligence are filed in state trial courts. The aggrieved patient must prove four legal aspects to win a case:

Duty of care

In any legal case in any legal matter, the plaintiff must prove that a person or entity was liable to them for a duty of care, and they failed to meet that duty. In medical malpractice cases it is a doctor's obligation to provide their patients with the right standard of medical care. This is usually determined by expert testimony.

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

Expert testimony is vital for jurors, since the majority of jurors are not aware of anatomy and are exposed to numerous medical dramas. This is particularly relevant when it comes to medical malpractice claims, as it is often difficult to establish a minimum standard of care. In a medical malpractice case, the standard refers to the level of skill in the field, the quality of care provided and the level of care that other physicians in similar specialties in similar circumstances.

In general, experts in medical malpractice cases are fellow surgeons or doctors with similar qualifications and board certifications. It is often difficult to locate an expert willing to testify about poor care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a physician commits a mistake that harms the patient. These mistakes can cause new injuries or make existing ones worse. Medical malpractice claims are difficult to prove because they involve complicated laws and issues. A competent medical malpractice lawyer will investigate your case to determine if a doctor has breached their duty to you.

Your attorney will establish a doctor-patient relationship between you and your physician which is essential to prove a malpractice claim. Your attorney will also look into your doctor's actions and decisions to determine whether they complied with what is referred to as the standard of care for doctors of similar education, background and geographic location in your state.

Physicians are required to respect the standards that their patients have set without deviation or omission. A breach of that duty means that the doctor failed to meet those standards and caused harm to you.

It is simple to prove an infraction of duty with the help of expert witnesses and your attorney's research. Experts can testify to how the doctor's actions did or did not conform to the standards of care and malpractice also explain why a different medical professional in similar circumstances might have performed 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 proves the breach of duty committed by your physician directly led to your injuries.

Causation

Most treatments carry a degree of risk, but medical malpractice law firms errors can exacerbate those risks. To prove causality in a malpractice case an injured patient must prove a direct connection between the alleged negligence and their injury. In many cases this requires expert testimony and the assistance of a medical malpractice lawyer.

Medical errors include, for example, misdiagnosing serious diseases or conditions. If a doctor fails to diagnose cancer or other conditions the result could have devastating consequences for the patient. In this scenario the patient could experience unnecessarily pain and may even end up dying. If the doctor failed to diagnose the condition properly the doctor could have committed a lapse of judgment.

Proving that your doctor or hospital was negligent in their treatment of you isn't easy and takes a lot of time. Evidence may come from a variety of sources, including 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 as assisting you during the process of depositions.

It is also important to note that only healthcare professionals can be sued for misconduct. Nurses and doctors, malpractice as opposed to receptionists in medical centers, are expected to adhere to current standards of treatment. A medical professional must have the ability to predict the outcome based on their education and experience.

Damages

In medical malpractice cases the courts are able to determine monetary damages that are designed to compensate the injured person. These damages may include past and future medical bills, lost wages, the disfigurement caused by pain and suffering and loss of enjoyment of life. Punitive damages are granted in certain cases. These are awarded only to those who commit crimes that society wishes to deter.

A medical malpractice lawsuit typically starts with the filing of a civil summons and complaint in court. Then, the parties engage in discovery, a procedure that requires the plaintiff and defendants are required to make disclosures under oath. This could involve requesting documents like medical records and depositions of the parties who are involved in a lawsuit and interviewing witnesses.

One of the first things to establish in a medical malpractice case is that the doctor was under an obligation under law to provide care and treatment to the patient. The other element to establish is that the doctor did not fulfill that duty by failing to follow the medical standard of care. The third element is whether the breach caused injury to the patient.

It is important to remember that the statute of limitations (the legally-defined time frame 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 which the act that led to medical malpractice occurred.