What Is a Medical Malpractice Claim?

A medical malpractice claim is the patient complaining of the negligence of a healthcare professional. The patient, or his or his estate in the event of a deceased patient must prove that the negligence caused injury or harm.

In general, lawsuits alleging medical negligence are filed in state trial courts. The aggrieved patient must prove four legal elements to win a case:

Duty of care

In any legal claim in any legal matter, the plaintiff must prove that a person or entity had a legal obligation to care and failed to meet that obligation. In medical malpractice cases it is a doctor's obligation to provide their patients with a proper standard of medical care. Expert testimony is usually used to establish this.

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

Expert testimony is crucial since jurors are often not knowledgeable about anatomy and have watched a number of medical malpractice lawyers dramas. This is especially relevant in medical malpractice cases as it is often difficult to establish a standard of care. In a medical malpractice case, the standard refers to the level of skill quality of care, as well as the degree of diligence other doctors with similar specialties have under similar circumstances.

Experts in medical malpractice cases are usually surgeons or doctors who have similar training and certification. It can be difficult to locate an expert willing to testify about poor treatment because of the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice happens when a doctor commits a mistake that harms the patient. These errors can cause new injuries or even worsen existing ones. Medical malpractice claims are difficult to prove since they are based on complicated laws and concerns. A competent medical malpractice lawyer will review your case to determine if the doctor has breached their duty to you.

Your attorney will determine if the relationship was between a doctor and patient you and your doctor, which is required for any malpractice claim. Your attorney will examine the decisions and actions of your physician to determine whether the standards of care in your state for doctors with similar backgrounds, training, and geographic location is met.

Physicians owe a duty to their patients to observe these standards without omission or deviation. A breach of that duty means that the doctor did not meet those standards and resulted in harm to you.

It is simple to prove an infraction of duty with the help of expert witnesses and your attorney's research. Experts can testify to the reasons why the doctor's actions did or did not meet the standard of care and then explain how a Medical malpractice lawyers professional in similar circumstances would have performed differently. Your lawyer must also connect the breach of duty with your injuries and damages. Your lawyer will scrutinize your medical records, test results, prescriptions and imaging scans to build a convincing case that the breach of duty by your doctor directly caused your injuries.

Causation

Most treatments come with some level of risk, but medical errors can exacerbate those dangers. To prove the cause of malpractice in a claim, an injured patient must demonstrate a direct link between the negligence alleged and the injury. In many cases, this requires expert testimony and the assistance of a medical malpractice lawyer.

Medical errors can be, for example, misdiagnosing serious diseases or conditions. If doctors fail to detect cancer or other conditions the result could have devastating consequences for the patient. In this scenario the patient could experience unnecessarily pain and may even end up dying. If the doctor failed to diagnose the condition correctly, the doctor may have committed a lapse of judgment.

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

It is crucial to remember that only healthcare professionals can be sued for malpractice. Contrary to receptionists at medical facilities, doctors and nurses are expected to act according to the standards of care. That means that medical professionals must be able to predict the effects in light of their expertise and knowledge.

Damages

In medical malpractice cases the courts consider monetary damages to compensate the injured patient. These damages may include past and future medical bills as well as lost wages, disfigurement and pain, and loss of enjoyment of life. In some instances the punitive damages may be awarded. These are reserved for particularly serious behavior that society is interested in deterring.

A medical malpractice case begins with the filing in court of an administrative summons. The parties then proceed to discovery. This is a procedure in which the defendant and plaintiff make statements under oath. This may include the exchange of documents like medical records, deposing parties who are involved in the lawsuit, and conducting interviews with witnesses.

One of the first elements to prove in a medical negligence case is that the physician had a legal duty to provide healthcare and treatment to the patient. The second part is that the doctor violated that duty by failing to adhere the medical standards of practice. The third factor is that the breach resulted in harm to the patient.

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