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What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by an individual who is unhappy with the carelessness of a healthcare professional. The patient (or the estate of the patient in the event of death) must prove that the negligence led to injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. The aggrieved patient must prove four legal elements to win the case:

Duty of care

In order to prove a legal claim, a plaintiff must show that he or she was legally obligated to perform a duty by a third party and that they failed to meet the obligation. In medical malpractice cases, this involves a physician's obligation to provide their patients with the proper standard of care. Expert testimony is typically used to establish this.

Expert witnesses can help determine the proper standards for medical treatment and then reveal how a doctor has deviated from these guidelines when treating the patient. A plaintiff's medical malpractice attorney must prove that the deviation was directly accountable for the injury of the victim.

Expert testimony is vital since jurors typically are not aware of anatomy, and they watch several medical dramas. In medical malpractice claims this is especially important as it is often difficult to establish the appropriate standard of care. In a medical malpractice case, the standard of care refers to the degree of skill in the treatment, its quality and degree of diligence possessed by other doctors with similar specialties in similar situations.

The majority of experts in medical malpractice claims are fellow surgeons or doctors who have the same training and board certifications. It isn't easy to find an expert who is willing to testify about substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

When a doctor commits an error which harms the patient, it is medical malpractice law firm malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims can be complicated laws and issues, making them difficult to prove. However, a qualified medical malpractice lawyer will look into the circumstances of your case and determine if a doctor has violated his or her obligation to the patient.

Your attorney will establish a doctor/patient relationship between you and your doctor which is required for any malpractice claim. Your attorney will also examine your physician's actions and decisions to determine whether they complied with what is known as the standard of care for doctors with similar education, background and geographical location in your state.

Doctors owe it to their patients to adhere to these standards without omission or deviation. A breach of duty implies that the doctor failed to meet your expectations and resulted in injury.

Proving the breach of duty typically straightforward with the help of the research of your attorney and expert witnesses. Those experts can testify as to why the doctor's actions do not meet the standard of care and also explain why a different medical professional in similar circumstances might have acted differently. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will look over your medical documents, test and prescription results, imaging scans, and prescriptions in order to build an argument that proves the breach of duty by your physician directly caused your injuries.

Causation

Medical errors can increase the risks of a wide range of treatments. In order to prove causality, a patient who has suffered an injury must prove a direct connection between the negligence of the medical professional and their injury. In many cases, this requires expert testimony and the assistance of a medical malpractice lawyer.

Medical errors could include errors in diagnosis, such as misdiagnosing serious ailments or illnesses. If the doctor fails to identify cancer or another disease it could result in severe consequences for the patient. In this case the patient could experience unnecessary pain and even die. The doctor could be negligent for not diagnosing the problem properly.

The process of proving that your doctor or hospital was negligent in the treatment you received isn't easy and takes a lot of time. The evidence you require could be from many sources, such as medical records and test results, as along with expert testimony from witnesses and oral depositions. Your lawyer can assist you find and interpret this evidence, as well as assist you during the deposition process.

It is important to keep in mind that only healthcare professionals is liable for negligence. Contrary to receptionists at medical facilities, doctors and nurses are expected to act in accordance with the current standards of care. A medical professional must be able to anticipate the consequences of his or their education and experience.

Damages

In medical malpractice lawsuits courts will hear about financial damages to compensate the victim. These damages could include past and future medical bills loss of wages, disfigurement and pain, and loss of enjoyment of life. In certain cases punitive damages could also be awarded; these are reserved for particularly serious actions that society has an interest in preventing.

A medical malpractice case usually begins with filing a civil summons or complaint in court. The parties will then engage in discovery. It is a process that requires both parties to are required to give testimony under oath. This could include requesting documents like medical records as well as deposing parties involved in a lawsuit and interviewing witnesses.

One of the most important elements to prove in a medical malpractice case is that the doctor was under the legal obligation to provide medical treatment and care to the patient. The second aspect to prove is that the doctor did not fulfill the obligation by failing to adhere to the medical standard of care. The third factor is whether the breach caused injury to the patient.

It is important to know that the statutes of limitations (the legally-required time frame within which an action for medical malpractice has to be filed) vary from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the act that led to medical malpractice took place.