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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 estate in the instance of a deceased patient must establish that the negligence caused injury or harm.

In general, lawsuits claiming medical negligence are filed in the state trial court. The patient who is affronted must prove four legal aspects to win a case:

Duty of care

In any legal action, the plaintiff needs to demonstrate that a third party or entity was liable to them for a duty of care and failed to meet that obligation. In the case of medical negligence, it is the duty of doctors to provide the appropriate level of care to their patients. Expert testimony is often used to determine this.

Expert witnesses can help determine proper standards for medicine and then explain the ways in which a physician has deviated from these guidelines when treating a patient. A lawyer for a plaintiff's claim for medical malpractice needs to show that the deviance caused the victim's injuries.

Expert testimony is crucial as jurors are typically unfamiliar with anatomy and have watched a lot medical dramas. In the case of medical malpractice it is crucial as it is often difficult to establish the standards of care. In a medical malpractice lawsuit the standard is the level of competence quality of care, as well as the level of care that other physicians in similar specialties in similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have the same training and certification. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors to not speak against one another), it can be difficult to locate an expert who is qualified to testify against a colleague regarding the care that is not up to par.

Breach of duty

Medical malpractice happens when a doctor is negligent and hurts the patient. These mistakes can lead to new injuries, or worsen existing ones. Medical malpractice claims involve complex issues and laws, which makes them difficult to prove. However, a good medical malpractice lawyer will analyze the facts of your case and determine if a doctor violated his or her obligation to the patient.

Your attorney will establish a doctor/patient relationship between you and your doctor that is required for any malpractice claim. Your attorney will also look into the actions and decisions of your physician to determine if they meet what is known as the standard of care for doctors with similar training, experience and geographical location within your state.

Physicians are required by their patients to adhere to these guidelines without deviation or omission. If they violate this duty, it means that the doctor was not able to meet the expectations of his patients and resulted in injury to you.

It is simple to prove that there was a breach of duty with the help of expert witnesses and your attorney's investigation. Experts can testify that the doctor's actions weren't in line with the standards of medical care and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will look over your medical records, test and prescription results, imaging scans and prescriptions to create solid evidence that the breach of duty committed by your doctor directly caused your injuries.

Causation

Medical errors can increase the dangers of a wide range of treatments. To prove causality, a patient who has suffered an injury must establish an unambiguous connection between the negligence of the doctor and their injuries. In many instances, expert testimony is required, along with assistance of an attorney who specializes in medical malpractice.

Medical errors could include mistakes in diagnosis, for instance, misdiagnosing serious illnesses or conditions. If doctors fail to recognize cancer or other conditions it could result in severe consequences for the patient. In this scenario the patient could be suffering in pain that is not needed and could even die. The doctor may have committed malpractice by not diagnosing the condition properly.

Finding out if your doctor or hospital was negligent in their treatment of you can be a long and complicated process. Evidence could come from variety of sources, including medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist with obtaining and interpreting the evidence as well as representing you in the process of depositions.

It is important to know that only healthcare professionals can be sued for negligence. As opposed to receptionists in medical facilities nurses and doctors must act in accordance with prevailing standards of care. Medical professionals must have the ability to predict consequences based on his or qualifications and education.

Damages

In medical malpractice lawsuits courts will hear about financial damages intended to compensate the injured patient. These damages can include the cost of medical bills in the past or in the future and lost wages in the event of pain and discomfort disfigurement, or loss of enjoyment of living. In certain cases punitive damages could also be awarded. These are awarded to those who have committed particularly indecent conduct that society is interested in stopping.

A medical malpractice lawsuit begins by filing in the court of a civil summons. The parties then proceed to discovery. This is where the plaintiff and defendants give statements under oath. This could include asking for medical records, taking depositions of parties involved in a lawsuit and interviewing witnesses.

In a medical malpractice claim it is essential to prove that the physician was legally bound to provide treatment and medical care to the patient. The second thing to establish is that the doctor acted in breach of the obligation by failing to follow the medical standard of care. The third aspect is that the breach caused injury to the patient.

It is important to remember that the statute of limitations (the legally prescribed period within which a medical Malpractice law firms malpractice 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 which the underlying act of medical malpractice occurred.