What Is a Medical Malpractice Claim?

A medical negligence claim involves the patient claiming 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 that claim medical negligence are filed in state trial courts. To prevail in a lawsuit, the party who is claiming damages must demonstrate four legal elements:

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 perform it. In the case of medical malpractice this is the physician's obligation to provide their patients with the right standards of care. Expert testimony is often used to establish this.

Expert witnesses can assist in determining appropriate standards of medicine and then show how a doctor has deviated from these standards while 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 for jurors, medical malpractice attorney since the majority of jurors do not have a good understanding of anatomy and watch several medical dramas. In medical malpractice claims this is crucial because it is often difficult to establish the standard of care. In a medical malpractice case, the standard refers to the level of skill in the field, the quality of care provided and the level of diligence that other doctors with similar specialties possess in similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians with similar training and accreditation. It can be difficult to find an expert willing to testify about poor treatment because of the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a doctor makes a mistake that hurts the patient. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims can be difficult to prove since they are based on complex laws and issues. An experienced medical malpractice attorney will investigate your case to determine whether a doctor has violated their obligation to you.

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

Physicians have a duty to follow the guidelines set forth by their patients without omission or deviation. Breaching that duty means the doctor failed to meet those expectations and that failure caused injury to you.

Proving a breach of duty is generally straightforward with the aid of your attorney's research and expert witnesses. Expert witnesses can testify to how the doctor's actions did not conform to the standards of care and explain how another medical professional in similar circumstances would have performed differently. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your lawyer will scrutinize your medical records, test results, prescriptions and imaging scans in order to construct a convincing case that your physician's breach of duty directly resulted in 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 negligence alleged and their injury. In many instances, expert testimony is required, along with assistance of a medical malpractice attorney.

For example, misdiagnosing an illness or disease is a common error. If a doctor fails to diagnose cancer or another disease, it can have severe consequences for the patient. In this situation the patient could be suffering unnecessarily pain and may even die. The doctor could have committed malpractice by not diagnosing the issue properly.

The process of proving that your doctor or hospital was negligent in the treatment you received is a lengthy and difficult process. The evidence needed may include numerous sources, such as medical records and test results, as well as expert testimony from witnesses and oral depositions. Your attorney can assist you in obtaining and interpreting this evidence, as well being your advocate during the process of depositions.

It is also important to note that only a healthcare professional is liable for malpractice. Doctors and nurses, in contrast to receptionists in medical facilities, are expected to adhere to current standards of medical care. This means that a medical professional must be able to foresee consequences from their skills and education.

Damages

In medical malpractice cases, courts will be hearing about financial settlements intended to help injured patients. These types of damages can include past and future medical bills, lost wages, the disfigurement caused by pain and suffering, and medical malpractice attorney loss of enjoyment of life. In some cases the punitive damages may be awarded. These are reserved for particularly egregious behavior that society is interested in stopping.

A medical malpractice case usually begins with the filing an civil summons and complaint in court. The parties will then engage in discovery. This is where the plaintiff and defendants take oaths to make statements. This could involve requesting documents like medical records taking depositions of those involved in a lawsuit, and interviewing witnesses.

In a medical malpractice case it is crucial to establish that the doctor was legally obligated to provide treatment and care to the patient. The second is that the doctor breached this duty by failing to adhere the medical malpractice lawyer standard of care. The third element is whether the breach caused injury to the patient.

It is crucial to remember 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, the statute of limitations is two years and six months (30 months) from the date the date that the underlying cause of medical malpractice took place.