What Is a Medical Malpractice Claim?

A medical malpractice case involves a patient who complains of carelessness by a healthcare worker. The patient (or his or her estate in the event of death) must show that the negligence caused injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. In order to win a lawsuit the party seeking to be harmed must prove four elements of law:

Duty of care

In any legal action the plaintiff must prove that a person or entity was liable to them for a duty of care, and they failed to perform this duty. In medical malpractice cases this is the duty of a doctor to provide the highest standard of care to their patients. Expert testimony is often used to establish this.

Expert witnesses help to determine the appropriate medical standards. They then demonstrate how a doctor violated these standards in their treatment of the patient. A plaintiff's attorney for medical malpractice must demonstrate that the deviation caused the victim's injuries.

Expert testimony is crucial for jurors, since the majority of jurors do not have a good understanding of anatomy, and they watch many medical dramas. In the case of medical malpractice, this is particularly important since it can be difficult to establish the standards of care. In a medical malpractice lawsuit the standard refers to the level of skill in the field, the quality of care provided and the level of diligence that other physicians in similar specialties possess in similar circumstances.

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

Breach of duty

Medical malpractice happens when a doctor makes an error that hurts the patient. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice cases are a complex set of legal issues and regulations, making them difficult to prove. However, a reputable 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 there was a doctor-patient connection between you and your doctor, which is required for any malpractice claim. Your attorney will look into the decisions and actions of your physician to determine whether the standard of care in your state for doctors with similar training, backgrounds, and geographic location is in place.

Physicians must follow the guidelines established by their patients without deviation or omission. A breach of that duty means that the doctor did not meet the expectations of his patients and caused injury to you.

It is simple to establish that there was a breach of duty by using expert witnesses and your attorney's investigation. Those experts can testify as to the reasons why the doctor's actions didn't meet the standards of medical care and then explain how a medical professional in similar circumstances might have different actions. Your lawyer must also tie the breach of duty to your injuries and damages. Your lawyer will look over your medical records, prescription and test results, imaging scans and prescriptions in order to build solid evidence that the breach of duty by your doctor directly caused your injuries.

Causation

Most treatments carry a level of risk, but medical errors can increase those risks. To prove causality in a malpractice case, an injured patient must prove a direct connection between the negligence alleged and their injury. In many cases, this requires expert testimony and the assistance of a lawyer for medical malpractice.

For example, not diagnosing a condition or a serious illness is a common error. If a doctor fails to diagnose cancer or other conditions, it 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 malpractice by not diagnosing the condition properly.

Proving that your doctor or hospital was negligent in treating you is a lengthy and medical malpractice lawsuit difficult process. The evidence you require could be from a variety of 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 understanding this evidence, as well representing you in the process of depositions.

It is also important to remember that only healthcare professionals is liable for misconduct. Nurses and doctors, in contrast to receptionists working in medical centers are expected to adhere to current standards of care. That means that a medical professional should be able to predict the effects depending on their experience and education.

Damages

In medical malpractice lawsuits the courts consider monetary damages that are designed to compensate the injured person. These damages could include past or future medical bills as well as loss of earnings, pain and discomfort, disfigurement or loss of enjoyment living. In some cases, punitive damages are awarded in some cases. They are only awarded to those who commit crimes that society wishes to deter.

A medical malpractice lawsuit typically begins with the filing of a civil summons as well as a complaint in the court. The parties follow up with discovery. This is a process in which the defendant and plaintiff make statements under oath. This may include the request of medical records, for instance taking depositions of those involved in a lawsuit as well as interviewing witnesses.

In a medical malpractice claim it is vital to establish that the doctor was legally bound to provide treatment and medical care to the patient. The second aspect is that the doctor breached his duty by not adhering to the medical standards of practice. The third aspect is whether 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 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 when the underlying incident of medical malpractice took place.