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What Is a Medical Malpractice Claim?

A medical malpractice case is brought by the patient who complains about the negligence of a healthcare worker. The patient, or his or estate in the instance of a deceased patient, must prove that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are generally filed in state trial courts. To prevail in a lawsuit the aggrieved party has to prove four elements of law:

Duty of care

To establish a legal claim, a plaintiff needs to show that he or she was obliged to perform a task by a person or an organization and that they failed to perform the obligation. In medical malpractice cases it is a doctor's obligation to provide their patients with the right standards of treatment. This is usually determined through expert testimony.

Expert witnesses help determine the proper medical standards and then explain how a doctor did not follow the standards in their treatment of the patient. A plaintiff's medical malpractice attorney must prove that the error was directly accountable for the injury of the victim.

Expert testimony is crucial, as jurors are often not knowledgeable about anatomy and have watched a number of medical dramas. In medical malpractice claims it is crucial because it can be difficult to establish the standards of care. In the context of a medical malpractice case, the standard of care is referred to the level of expertise, quality of treatment and the level of diligence displayed by other doctors with similar areas of expertise in similar circumstances.

Generally, experts in medical malpractice claims are fellow physicians or surgeons with similar qualifications and board certifications. It is often difficult to find an expert who is willing to testify regarding substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor commits an error which harms the patient, it is considered medical malpractice. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice cases are a complex set of legal issues and regulations, making them difficult to prove. However, a qualified medical malpractice lawyer will look into the facts of your case to determine whether a doctor breached his or her duty to the patient.

Your attorney will establish a doctor-patient connection between you and your doctor, which is necessary for any malpractice claim. Your attorney will also analyze your physician's actions and decisions to determine if they meet what is known as the standard of care for doctors with similar backgrounds, training and geographical location in your state.

Physicians owe a duty to their patients to abide by these standards, without deviation or omission. A breach of duty means that the doctor didn't meet your expectations and resulted in injury.

Proving the breach of duty typically straightforward with the help of your attorney's research and expert witnesses. Experts can testify that the doctor's actions were not in accordance with the standard of medical care and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will examine your medical records as well as test results, prescriptions and imaging scans to make a convincing case that the breach of duty of your physician directly caused your injuries.

Causation

Medical errors can increase the risks of a wide range of treatments. To prove the causation of a malpractice claim the patient who has been injured must establish a direct connection between the alleged negligence and their injuries. In many cases this will require expert testimony and the assistance of a medical malpractice lawyer.

Medical errors include errors in diagnosis, such as misdiagnosing serious illnesses or conditions. A doctor's failure to diagnose cancer or any other illness, can have serious consequences for a patient. In this scenario the patient may suffer unneeded suffering, or even death. The doctor could have committed a mistake by not properly diagnosing the condition.

Proving that a hospital or doctor has treated you in a negligent manner isn't easy and takes a lot of time. The evidence you require could be from a variety of sources, including medical records and test results as well as expert testimony from witnesses and oral depositions. Your attorney can help you obtain and interpret this evidence as well as represent you during the deposition process.

It is also important to note that only healthcare professionals is liable for negligence. Doctors and nurses, in contrast to receptionists in medical centers, are expected to adhere to current standards of treatment. Medical professionals should be able of predicting the outcome based on his education and expertise.

Damages

In medical malpractice lawsuits courts will hear about financial damages that are designed to compensate the injured patient. These types of damages can include future and past medical bills and lost wages, as well as pain and suffering, disfigurement and loss of enjoyment of life. In certain cases, punitive damages may also be awarded. These are reserved for the most egregious conduct that society has an interest in deterring.

A medical malpractice case typically starts with the filing of a civil summons as well as a complaint in the court. Then, the parties will engage in discovery, a process where the plaintiffs and defendants make statements under swearing. This could include requesting the exchange of documents such as medical records, taking depositions from those involved in the lawsuit and conducting interviews with witnesses.

One of the first things to prove in a medical malpractice case is that the physician had a legal duty to provide care and treatment to the patient. The second is that the doctor breached his duty by failing to adhere the standard of medical practice. The third element is that the breach resulted in injury to the patient.

It is vital to be aware that the statutes of limitations (the legally prescribed time period within which a lawsuit 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 which the act that led to medical malpractice took place.