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 or his or her estate in the case of a deceased patient, 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 order to prove a legal claim, a plaintiff must show that he or she was in the position of being owed a duty by a person or an organization and that they failed to fulfill it. In the case of medical malpractice, it is the duty of a doctor to provide the appropriate quality of care to their patients. Expert testimony is often used to determine this.

Expert witnesses help determine the proper medical standards and then demonstrate how a doctor violated those standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that the deviation was directly responsible for the victim's injuries.

Expert testimony is crucial as jurors are typically unfamiliar with anatomy and have seen a lot of medical dramas. In medical malpractice claims this is especially important because it is often difficult to establish a standard of care. In a medical malpractice lawsuit, the standard refers to the level of skill, quality of care and degree of diligence other doctors with similar specialties have under similar circumstances.

Experts in medical malpractice cases are usually fellow physicians or surgeons with similar training and accreditation. It isn't easy to find an expert willing to testify about substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor commits an error that causes harm to the patient, it is considered medical malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims can be difficult to prove because they involve complicated laws and concerns. A competent medical malpractice lawyer will review your case to determine whether a doctor has violated their obligation to you.

Your attorney will establish there was a doctor-patient connection between you and your physician, which is necessary in any malpractice claim. Your attorney will also examine your doctor's actions and decisions to determine if they met what is referred to as the standard of care for doctors with similar training, experience and geographical location within your state.

Physicians are required to follow the guidelines that their patients have set without omission or deviation. A breach of duty implies that the physician did not meet your expectations and resulted in injury.

It is simple to prove the breach of duty with the help of expert witnesses and your attorney's investigation. Experts can prove that the doctor's actions were not in accordance with the standard of medical treatment and also explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your attorney will examine your medical records, prescription and test results, imaging scans, and prescriptions to create a strong case that the breach of duty by your doctor directly led to your injuries.

Causation

Most treatments come with some degree of risk, but medical errors can exacerbate those risks. To prove causation in a malpractice claim the injured person must establish a direct link between the alleged negligence and their injuries. In the majority of cases, expert testimony is required, along with assistance of an attorney who specializes in medical malpractice.

For example, misdiagnosing an illness or disease is a common error. If a doctor fails to recognize cancer, or any other condition could have grave consequences for a patient. In this case, the patient could suffer unnecessarily pain and may even die. If the doctor failed to diagnose the condition properly the doctor could have committed malpractice.

Proving that a doctor or hospital treated you negligently isn't easy and takes a lot of time. Evidence could come from a variety sources, such as medical records or test results, expert witness testimony and depositions. Your lawyer can assist you in obtaining and interpreting the evidence as well as assisting you during the process of depositions.

It is important to note that only healthcare professionals are liable for negligence. As opposed to receptionists in medical facilities nurses and doctors are expected to act in accordance with prevailing standards of care. This means that a medical professional should be able to predict the effects in light of their expertise and education.

Damages

In medical malpractice lawsuits, courts hear about monetary damages that are intended to compensate the patient who was injured. These damages may include past and future medical bills as well as lost wages, pain and suffering, disfigurement and loss of enjoyment of life. In some cases punitive damages could also be awarded. These are reserved for particularly serious conduct that society has an interest in stopping.

A medical malpractice lawsuit typically begins with the filing of a civil summons or complaint in court. The parties then begin discovery. This is a procedure where the plaintiff and defendants give statements under oath. This could include requesting the exchange of documents, such as medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

One of the most important elements to establish in a medical malpractice attorney malpractice case is that the doctor was under the legal obligation of providing care and treatment to the patient. The second aspect is that the doctor breached this duty by not adhering to the medical standards of practice. The third factor is whether the breach resulted in harm to the patient.

It is important to know that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice must be filed) differ from state state. In New York, there is a statute of limitations of two years and six months (30 months) after the date of the medical malpractice.