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What Is a Medical Malpractice Claim?

A medical negligence claim involves a patient complaining about the negligence of a healthcare professional. The patient (or the estate of the patient if the patient died) must show that the negligence caused injury or harm.

In general, lawsuits alleging medical negligence are filed in state trial courts. To prevail in a lawsuit the aggrieved party has to prove four elements of law:

Duty of care

In any legal action the plaintiff must demonstrate that an individual or entity owed them a duty of care, and they failed to perform this duty. In medical malpractice cases this is the obligation of a doctor to provide the appropriate level of care to their patients. Expert testimony is often used to establish this.

Expert witnesses help to determine the appropriate medical standards and then demonstrate how a doctor did not follow those standards 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 essential because jurors are usually not knowledgeable about anatomy and have seen a lot of medical dramas. In the case of medical malpractice this is crucial as it is often difficult to establish the appropriate standard of care. In a medical malpractice claim, the standard of care refers to the level of expertise as well as the quality of treatment and degree of diligence possessed by other doctors with similar specialties in similar situations.

Experts in medical malpractice cases are usually fellow physicians or surgeons who have a similar education and accreditation. Due to the "conspiracy of silence" among many doctors (a term lawyers use to describe the tendency of doctors not to be able to testify against each other) It can be difficult to locate an expert with the right qualifications to testify against a colleague regarding the care that is not up to par.

Breach of duty

Medical malpractice happens when a doctor makes a mistake that hurts the patient. These mistakes can lead to new injuries, or worsen existing ones. Medical malpractice claims are difficult to prove since they are based on complicated laws and issues. A good medical malpractice attorney will review your case to determine if the doctor has breached their duty to you.

Your attorney will establish that there was a doctor-patient relationship between you and your physician which is required for any malpractice claim. Your attorney will look into your doctor's actions and decisions to determine if the standard of care in your state for doctors with similar training, backgrounds and geographical location is in place.

Doctors are required to respect the standards set forth by their patients without omission or deviation. A breach of that duty means that the doctor did not meet those standards and caused injury to you.

Proving that a breach of duty occurred is generally straightforward with the aid of your attorney's research and expert witnesses. Experts can testify to why the doctor's actions didn't conform to the standards of care and describe how a different medical professional in similar circumstances might have acted differently. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your attorney will examine your medical documents, test and prescription results, imaging scans and prescriptions to create an argument that proves the breach of duty committed by your doctor directly led to your injuries.

Causation

Medical errors can increase the risks of many treatments. To prove the causation of a malpractice claim the patient who has been injured must establish a direct link between the alleged negligence and their injuries. In many instances, expert testimony is required along with the assistance from a medical malpractice attorney.

Medical errors include, for example, misdiagnosing serious ailments or illnesses. The failure of a doctor to recognize cancer or any other medical condition may have serious implications for patients. In this scenario the patient may suffer unnecessarily pain and may even die. In the absence of diagnosing the condition properly, the doctor may have committed a lapse of judgment.

Proving that a medical professional or hospital failed to treat you appropriately can be a long and tedious process. The evidence you require could be from numerous sources, such as medical records and test results as and expert testimony from witnesses and oral depositions. Your attorney can assist with obtaining and interpreting the evidence as well representing you in the process of depositions.

It is vital to understand that only healthcare professionals are liable for negligence. Contrary to receptionists at medical facilities nurses and doctors are expected to behave in accordance to the standard of care. Medical professionals must be able to anticipate the outcome based on qualifications and education.

Damages

In medical malpractice cases, courts will be hearing about financial compensations to compensate injured patients. These types of damages can include future and past medical bills, lost wages, pain and suffering, disfigurement and loss of enjoyment of life. In some instances punitive damages can also be awarded. These are awarded to those who have committed particularly indecent conduct that society has an interest in deterring.

A medical malpractice case starts by filing in the court of a civil summons. Then, the parties engage in discovery, a process through which the plaintiff and defendants disclose statements under the oath. This may include the exchange of documents, such as medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.

One of the first elements to prove in a medical negligence case is that the physician had a legal duty to provide medical treatment and care to the patient. The second aspect to prove is that the doctor breached that duty by failing to adhere to the medical standard of care. The third factor is that the breach resulted in harm to the patient.

It is vital to note 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, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.