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What Is a Medical Malpractice Claim?

A medical malpractice claim involves the patient complaining of carelessness of a healthcare worker. The patient, or or his estate in the event of a deceased patient, must prove that the negligence caused injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. In order to win a lawsuit the aggrieved party must prove four elements of law:

Duty of care

To prove a legal claim, a plaintiff has to show that he or she was owed a duty of duty by a person or an organization and that they failed to meet the obligation. In medical malpractice cases, this involves a physician's obligation to provide their patients with a proper standard of care. This is typically determined through expert testimony.

Expert witnesses can help determine appropriate standards of medicine and then explain how a doctor has deviated from these standards when treating patients. A plaintiff's medical malpractice attorney must then prove that the error was directly responsible for the victim's injuries.

Expert testimony is vital, as jurors are often unfamiliar with anatomy and have watched a number of medical dramas. This is especially important in medical malpractice cases since it is often difficult to establish a standard of care. In a medical malpractice lawsuit the standard refers to the level of skill, quality of care and level of diligence that other doctors in similar specialties in similar circumstances.

Typically, experts in medical malpractice cases are fellow physicians or surgeons who have the same qualifications and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors not to admit to a case against one another) it can be challenging to find an expert with the qualifications to defend a colleague against sub-standard care.

Breach of duty

If a doctor makes an error which harms the patient, this is considered medical malpractice. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice claims are complicated legal issues and regulations, making them difficult to prove. However, a qualified medical malpractice lawyer will review the circumstances of your case and determine whether a doctor breached his or her duty to the patient.

Your attorney will prove that the relationship was between a doctor and patient you and your doctor, which is a requirement for any malpractice claim. Your attorney will look into the actions and decisions of your physician to determine the level of care in your state for doctors who have similar training, backgrounds and geographical location is in place.

Doctors are required to follow the standards that their patients have set without deviation or omission. A breach of duty means that the doctor failed to meet your expectations, and this has resulted in injury to you.

It is simple to prove the breach of duty with the help of expert witnesses and your attorney's research. Experts can testify that the doctor's actions weren't in line with the standard of medical treatment and provide reasons why a different 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 documents, test and prescription results, imaging scans, and prescriptions to create a strong case that the breach of duty by your doctor directly caused your injuries.

Causation

Medical mistakes can increase the risk of many treatments. To prove causation, the patient must prove a direct connection between the negligence of the doctor and their injury. In many cases this will require expert testimony and the help of a lawyer for medical malpractice.

For example, not diagnosing a condition or a serious illness is a common error. A doctor's inability to recognize cancer, or any other condition may have serious implications for a patient. In this case the patient could experience excessive pain or even die. In the absence of diagnosing the condition properly, the doctor may have committed a mistake.

Proving that your doctor, or hospital did not treat you properly is a lengthy and Medical malpractice lawsuits difficult process. The evidence required could come from various sources, including medical reports and test results, medical malpractice lawsuits as well as expert witness testimony and oral depositions. Your attorney can assist you gather and interpret this evidence, and also represent you during the deposition process.

It is also important to remember that only healthcare professionals is liable for negligence. Nurses and doctors, as opposed to receptionists in medical facilities, are expected to adhere to current standards of treatment. That means that medical professionals should be able to predict the effects from their skills and education.

Damages

In medical malpractice cases, courts will consider monetary compensations that are meant to help injured patients. The damages may include the cost of medical bills in the past or in the future, loss of wages as well as pain and discomfort, disfigurement, or loss of enjoyment of living. In some instances punitive damages could also be awarded; these are awarded to those who have committed particularly indecent actions that society has an interest in deterring.

A medical malpractice claim typically begins with the filing a civil summons and complaint in the court. The parties will then begin discovery. It is a process which requires the plaintiff and defendants to make statements under oath. This could involve seeking medical records or other documents taking depositions of those involved in a lawsuit as well as interviewing witnesses.

One of the first elements to prove in a medical negligence case is that the doctor was under the legal obligation of providing care and treatment to the patient. The second aspect to establish is that the doctor violated that duty by failing to adhere to the medical standard of care. The third element is that the breach caused harm to the patient.

It is vital 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 the date that the underlying cause of medical malpractice occurred.