What Is a Medical Malpractice Claim?

A medical malpractice claim involves the patient claiming the negligence of a healthcare professional. The patient (or his or her estate if the patient has passed away) must show that the negligence resulted in injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. In order to win a lawsuit the aggrieved party has to prove four elements of law:

Duty of care

In any legal action in any legal matter, the plaintiff must prove that a person or entity owed them a duty of care and then failed to perform this obligation. In the case of medical malpractice it is a physician's duty to provide their patients with a proper standard of medical care. Expert testimony is usually used to determine this.

Expert witnesses help to determine the appropriate medical standards and then show how a doctor violated those standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that this deviation was directly accountable for the injury of the victim.

Expert testimony is vital as jurors are typically unfamiliar with anatomy and have watched a lot medical dramas. In the case of medical malpractice this is especially important since it can be difficult to establish the standard of care. In a case of medical malpractice the standard is the level of skill, quality of care and level of care that other doctors with similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are usually fellow physicians or surgeons who have a similar education and certification. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors to not be able to testify against each other) It can be difficult to locate an expert who is qualified to be a witness against a colleague for the care that is not up to par.

Breach of duty

If a doctor commits an error that causes harm to the patient, this is considered medical malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims involve complex laws and issues, making them difficult to prove. However, a good medical malpractice lawyer will review the circumstances of your case and determine if a doctor violated his or her duty to the patient.

Your attorney will prove that there was a doctor-patient connection between you and your physician, which is a requirement for any malpractice claim. Your attorney will scrutinize your doctor's actions and decisions to determine whether the standard of care in your state for doctors with similar training, medical malpractice lawyer background and geographical location is met.

Physicians are required by their patients to follow these standards without deviation or omission. A breach of that duty means that the doctor was not able to meet these standards and resulted in harm to you.

It is simple to prove a breach of duties with the assistance of experts and your attorney's research. Experts can testify that the doctor's actions did not meet the standard of medical care and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty with your injuries and damages. Your attorney will examine your medical records, prescription and test results, imaging scans and prescriptions to build solid evidence that the breach of duty by the doctor directly contributed to your injuries.

Causation

The majority of treatments carry a level of risk, but medical errors can increase those dangers. To prove causation in a malpractice claim the injured person must establish a direct link between the negligence alleged and the injury. In many instances, this requires expert testimony and the assistance of a medical malpractice lawyer.

Medical errors include, for example, misdiagnosing serious diseases or conditions. If the doctor fails to identify cancer or another disease it could result in severe consequences for the patient. In this scenario the patient could be suffering unnecessary pain and even end up dying. By failing to diagnose the problem correctly, the doctor may have committed a lapse of judgment.

Proving that a doctor or hospital did not treat you properly can be a long and tedious process. The evidence required could come from many sources, including medical reports and test results as in addition to expert witness testimony and oral depositions. Your lawyer can assist you in obtaining and understanding the evidence as well representing you in the process of depositions.

It is vital to understand that only healthcare professionals can be sued for malpractice. Nurses and doctors, as opposed to receptionists in medical centers, are expected to follow the current standards of care. This means that medical professionals must be able to anticipate the consequences from their skills and knowledge.

Damages

In medical malpractice cases, the judges will hear about monetary compensations that are meant to help injured patients. These damages may include past and future medical bills loss of wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. In some instances punitive damages could also be awarded. These are reserved for particularly egregious behavior that society has an interest in preventing.

A medical malpractice case starts with the filing in court of a civil summons. The parties will then proceed to discovery. This is where the plaintiff and defendants make statements under oath. This may include the request of medical malpractice lawsuit records, for instance, taking depositions of parties involved in a lawsuit, and interviewing witnesses.

One of the primary elements to prove in a medical negligence case is that the doctor had a legal duty to provide care and treatment to the patient. The other element to prove is that the doctor violated this duty by failing follow the medical standard of care. The third factor is that the breach caused injury to the patient.

It is important 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, there is a statute of limitations of two years and six month (30 months) after the date of the medical malpractice.