What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by the patient who complains about the carelessness 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.

Lawsuits alleging medical malpractice are usually filed in state trial courts. To win a lawsuit, the party seeking to be harmed must prove four elements of law:

Duty of care

In any legal case, the plaintiff needs to show that another person or entity had a responsibility to them under a duty of care and failed to perform this obligation. In medical malpractice cases, this involves a physician's obligation to provide their patients with the appropriate standards of care. Expert testimony is usually used to determine this.

Expert witnesses help determine the correct medical standards, and then explain how a doctor deviated from these standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that the error was directly accountable for the injury of the victim.

Using expert testimony is essential, as most jurors are not aware of anatomy, and they watch many medical dramas. In medical malpractice claims, this is particularly important as it is often difficult to establish the appropriate standard of care. In a medical malpractice lawsuit, the standard refers to the level of expertise in the field, the quality of care provided and the level of diligence that other doctors with similar specialties possess in similar circumstances.

The majority of experts in medical malpractice claims are surgeons or physicians who have the same training and board certifications. It is often difficult to find an expert willing to testify regarding substandard care due to the "conspiracy" of silence among doctors.

Breach of duty

When a doctor commits an error that harms the patient, this is medical malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims can be complicated issues and laws, making them difficult to prove. A competent medical malpractice lawyer will investigate your case to determine if a doctor has breached their duty to you.

Your attorney will establish a doctor/patient relationship between you and your doctor that is required to prove a malpractice claim. Your attorney will also examine your physician's actions and decisions to determine if they complied with what is referred to as the standard of care for doctors with similar training, background and geographical location within your state.

Physicians are required by their patients to follow these standards, without deviation or omission. Breaching that duty means the doctor failed to meet those expectations and that failure resulted in injury to you.

It is easy to prove that there was a breach of duty with the help of experts and your attorney's investigation. Those experts can testify as to why the doctor's actions do not meet the standards of care and also explain why a different medical professional in similar circumstances would have performed differently. Your lawyer must also connect 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 committed by your physician directly contributed to your injuries.

Causation

Most treatments carry a degree of risk, but medical errors can increase those dangers. To prove the cause of malpractice in a claim the injured person must demonstrate a direct link between the negligence alleged and the injury. In many cases, expert testimony is required as well as assistance of an attorney who specializes in medical malpractice.

For example, misdiagnosing a condition or a serious illness is a common medical error. A doctor's failure to diagnose cancer or any other illness may have serious implications for the patient. In this scenario, the patient could suffer in pain that is not needed and could even end up dying. The doctor may have committed a mistake by not properly diagnosing the condition.

Proving that a hospital or doctor did not treat you properly is a lengthy and difficult process. The evidence needed may include various sources, such as medical reports and test results, as in addition to expert witness testimony and oral depositions. Your attorney can assist you find and interpret this evidence, as well as assist you during the deposition process.

It is important to keep in mind that only a healthcare professional is liable for malpractice. As opposed to receptionists in medical facilities nurses and doctors are expected to behave in accordance to the standard of care. This means that medical professionals should be able to anticipate the consequences from their skills and knowledge.

Damages

In medical malpractice lawsuits the courts are able to determine monetary damages that are designed to compensate the injured person. These types of damages can include future and past medical bills, lost wages, disfigurement, pain and suffering and loss of enjoyment of life. In certain cases, punitive damages may also be awarded; these are reserved for the most egregious behavior that society has an interest in deterring.

A medical malpractice lawyers malpractice lawsuit typically starts with the filing of an civil summons and complaint in the court. The parties then proceed to discovery. This is a process in which the defendant and plaintiff take oaths to make statements. This could involve requesting the exchange of documents, such as medical records, taking depositions from those involved in the lawsuit and conducting interviews with witnesses.

In a medical malpractice claim it is crucial to establish that the doctor was legally bound to provide treatment and medical care to the patient. The other element to establish is that the doctor breached the duty by failing to follow the medical standard of care. The third aspect is whether the breach caused harm to the patient.

It is crucial to understand that the statutes of limitations (the legally-defined time period within which a lawsuit for medical malpractice must be filed) vary from state to states. In New York, there is a statute of limitations of two years and six month (30 months) after the date of the medical malpractice.