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What Is a Medical Malpractice Claim?

A medical malpractice case involves a patient who complains of the negligence of a healthcare professional. The patient (or his or her estate if the patient died) must prove that the negligence led to injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. The patient who is affronted must prove four legal elements to win a case:

Duty of care

In any legal action, the plaintiff needs to prove that a person or entity had a responsibility to them under a duty of care and failed to meet that duty. In medical malpractice cases, it is the duty of medical professionals to provide the highest standard of care for their patients. This is usually determined by expert testimony.

Expert witnesses can help determine the correct medical standards, and then show how a doctor was not following the standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that this error was directly responsible for the victim's injury.

Expert testimony is essential since jurors typically do not have a good understanding of anatomy and watch many medical dramas. In the case of medical malpractice this is especially important because it can be difficult to establish the standard of care. In a medical malpractice case the standard of care refers to the level of skill of the practitioner, the quality of treatment, and the level of dedication possessed by other doctors with similar specialties in similar situations.

In general, experts in medical malpractice cases are surgeons or fellow doctors with similar qualifications and board certifications. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers employ to describe the tendency of doctors to not speak against one another) it is often difficult to find an expert who is qualified to testify against a colleague regarding sub-standard care.

Breach of duty

Medical malpractice occurs when a physician makes an error that hurts the patient. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims can be difficult to prove due to complex laws and issues. However, a skilled medical malpractice law firm malpractice lawyer will examine the facts of your case and determine if a doctor has violated his or her obligation to the patient.

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

Physicians must follow the guidelines that are set by their patients without deviation or omission. In breach of this duty, the doctor did not meet those expectations and that failure caused injury to you.

Proving that a breach of duty occurred is typically straightforward with the help of your attorney's research and expert witnesses. Experts can testify to the reasons why the doctor's actions did not conform to the standards of care and describe how a different medical professional in similar circumstances would have behaved differently. Your lawyer must also tie the breach of duty to your injuries and damages. Your lawyer will review your medical records and test results, prescriptions and imaging scans to make an argument that proves the breach of duty committed by your physician directly caused your injuries.

Causation

All treatments come with a degree of risk, but medical errors can exacerbate those risks. To prove causality in a malpractice case an injured patient must establish a direct connection between the negligence alleged and the injury. In many instances, this requires expert testimony and the assistance of a lawyer for medical malpractice.

For example, misdiagnosing a condition or a serious disease is a common error. If a doctor fails to recognize cancer or other conditions can have severe consequences for the patient. In this scenario the patient may suffer inexpensive suffering and possibly even death. The doctor may have committed a malpractice by not diagnosing the condition properly.

The process of proving that your doctor or hospital was negligent in their treatment of you can be complicated and time-consuming. The evidence needed may include many sources, such as medical records and test results, as and expert witness testimony and oral depositions. Your attorney can assist you locate and interpret this evidence, as well as assist you during the deposition process.

It is important to know that only healthcare professionals are liable for negligence. Doctors and nurses, in contrast to receptionists in medical centers, are expected to adhere to current standards of care. That means that medical professionals should be able of predicting the outcomes in light of their expertise and knowledge.

Damages

In medical malpractice cases, the courts will consider monetary compensations designed to pay compensation to injured patients. These damages can be based on the cost of medical bills in the past or in the future or wages lost or income, pain and disfigurement or loss of enjoyment of living. In certain cases punitive damages could also be awarded; these are reserved for the most egregious behaviour that society has an interest in deterring.

A medical malpractice case typically begins with the filing an civil summons and complaint in the court. The parties will then begin discovery. This is that requires both parties to make statements under oath. This could include requesting the exchange of documents like medical malpractice lawsuit records, taking depositions from parties involved in the lawsuit and conducting interviews with witnesses.

In a medical malpractice claim, it is important to prove that the physician was legally obligated to provide treatment and medical care to the patient. The other element to prove is that the doctor violated the duty by failing to adhere to the medical standard of care. The third element is that the breach caused injury to the patient.

It is crucial to understand that the statutes of limitations (the legally prescribed time period within which an action for medical malpractice must be filed) vary from state state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the underlying act of medical malpractice took place.