What Is a Medical Malpractice Claim?

A medical malpractice case is brought by the patient who complains about the negligence of a healthcare worker. The patient (or his or her estate if the patient died) must prove that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are usually filed in state trial courts. To prevail in a lawsuit the party who is claiming damages must prove four elements of law:

Duty of care

In any legal action in any legal matter, the plaintiff must demonstrate that a third party or entity owed them a duty of care, and they failed to fulfill this duty. In medical malpractice cases, this involves a physician's obligation to provide their patients with a proper standards of care. Expert testimony is often used to establish this.

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

Using expert testimony is essential because jurors generally are not aware of anatomy and have watched several medical dramas. In medical malpractice claims this is especially important because it is often difficult to establish the standards of care. In a medical malpractice case, the standard of care is referred to the level of skill of the practitioner, the quality of treatment, and the degree of diligence shown by other doctors in comparable areas of expertise in similar circumstances.

Generally, experts in medical malpractice cases are surgeons or physicians who have the same qualifications and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors not to admit to a case against one another), it isn't easy to find a qualified expert willing to be a witness against a colleague for inadequate care.

Breach of duty

If a doctor commits an error that harms the patient, it is considered medical malpractice. These errors can cause new injuries or exacerbate existing ones. Medical malpractice claims involve complex laws and issues, making them difficult to prove. However, a qualified medical malpractice lawyer will examine the circumstances of your case and determine if a doctor violated his or her duty to the patient.

Your attorney will establish a doctor-patient connection between you and your physician which is essential for any malpractice claim. Your attorney will review your doctor's actions and decisions to determine if the standard of care in your state for doctors with similar training, backgrounds, and geographic location is fulfilled.

Physicians have a responsibility to their patients to observe these standards without omission or deviation. Breaching that duty means the doctor did not fulfill these standards and caused harm to you.

Proving a breach of duty is usually straightforward with the help of your attorney's research and expert witnesses. Experts can testify to the reasons why the doctor's actions didn't meet the standard of care and then explain how a medical professional in similar circumstances might have acted differently. Your lawyer must also link the breach of duty to your injuries and damages. Your attorney will look at your medical records as well as test results, prescriptions and imaging scans to build a solid case that the breach of duty of your physician directly resulted in your injuries.

Causation

Medical mistakes can increase the risk of a wide range of treatments. To prove causation in a malpractice claim the patient who has been injured must establish a direct link between the alleged negligence and their injury. In many instances, this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors could include errors in diagnosis, such as misdiagnosing serious illnesses or conditions. If a doctor fails to recognize cancer, or any other condition can have severe consequences for a patient. In this scenario the patient may suffer unnecessarily pain and may even die. In failing to recognize the condition properly the doctor could have committed a malpractice.

Proving that your doctor or hospital did not treat you properly can be complicated and time-consuming. Evidence can come from a number of sources, including medical records or test results, expert witness testimony and depositions. Your lawyer can assist you with obtaining and interpreting the evidence as well being your advocate during the process of depositions.

It is important to keep in mind that only a healthcare professional is liable for malpractice. Unlike receptionists at medical centers nurses and doctors must act in accordance to the standard of care. That means that a medical professional should be able to foresee consequences from their skills and knowledge.

Damages

In medical malpractice lawsuits the courts consider monetary damages to compensate the injured patient. These damages could include future and past medical bills and lost wages, as well as the disfigurement caused by pain and suffering, and loss of enjoyment of life. In some instances punitive damages can also be awarded. These are reserved for particularly serious conduct that society is interested in preventing.

A medical malpractice case usually begins with filing an civil summons and complaint in court. The parties will then engage in discovery. This is a procedure where the plaintiff and defendants make statements under oath. This could include requesting the exchange of documents like medical records, deposing those involved in the lawsuit and conducting interviews with witnesses.

One of the first elements to prove in a medical malpractice case is that the doctor had the legal obligation of providing medical treatment and care to the patient. The second aspect is that the doctor breached his obligation by failing to follow the medical standard of care. The third aspect is that the breach resulted in 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 has to be filed) vary from state to the 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 occurred.