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What Is a Medical Malpractice Claim?

A medical negligence 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 prove that the negligence resulted in injury or harm.

Legal actions claiming medical malpractice are usually filed in state trial courts. The patient who is suffering from the injury must prove four legal elements to win a case:

Duty of care

In order to prove a legal claim, a plaintiff has to demonstrate that he/she was obliged to perform a task by a third party and that they failed to meet it. In medical malpractice cases this is the duty of a doctor to provide the appropriate standard of care to their patients. This is usually determined through expert testimony.

Expert witnesses can assist in determining appropriate standards of medicine and then show the ways in which a physician has deviated from these standards in treating patients. A medical malpractice lawyer for a plaintiff must prove that the deviation was directly at fault for the injury suffered by the victim.

Expert testimony is vital as jurors are typically unfamiliar with anatomy and watched a number of medical dramas. In the case of medical malpractice this is especially important since it can be difficult to establish the standard of care. In the context of a medical malpractice case, the standard of care refers to the level of expertise of the practitioner, the quality of treatment, and the level of dedication possessed by other doctors in comparable specialties under similar circumstances.

Experts in medical malpractice cases are usually fellow physicians or surgeons who have the same training and certification. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors to not admit to a case against one another), it is often difficult to find an expert who is qualified to defend a colleague against the care that is not up to par.

Breach of duty

medical malpractice attorney negligence occurs when a physician commits a mistake that harms the patient. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims can be difficult to prove since they are based on complex laws and issues. However, a reputable medical malpractice lawyer will review the facts of your case and determine if the doctor has breached his or her duty to the patient.

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

Physicians must adhere to the standards that their patients have set without omission or deviation. Breaching that duty means the doctor did not meet those standards and resulted in harm to you.

Proving the breach of duty is usually straightforward with the help of the research of your attorney and expert witnesses. These experts can testify that the doctor's actions were not in accordance with the standards 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 to your injuries and damages. Your lawyer will scrutinize your medical records tests, prescriptions, test results and imaging scans to make a solid case that your physician's breach of duty directly contributed to your injuries.

Causation

Most treatments carry a degree of risk, but medical errors can add to those risks. To prove the causation of a malpractice claim, an injured patient must establish a direct connection between the alleged negligence and their injury. In many cases this will require expert testimony and the assistance of a lawyer for medical malpractice.

Medical errors could include errors in diagnosis, such as misdiagnosing serious illnesses or conditions. If the doctor fails to identify cancer or other conditions the result could have devastating consequences for the patient. In this scenario, the patient may experience unneeded suffering, or even death. By failing to diagnose the condition correctly the doctor could have committed a malpractice.

Proving that your doctor, or hospital did not treat you properly is a lengthy and difficult process. The evidence needed may include a variety of sources, including medical records and test results as well as expert testimony from witnesses and oral depositions. Your attorney can help you find and interpret the evidence, as well as assist you during the deposition process.

It is also important to note that only a healthcare professional is liable for negligence. Nurses and doctors, in contrast to receptionists in medical centers, are expected to adhere to current standards of treatment. This means that medical professionals must be able to anticipate the consequences from their skills and knowledge.

Damages

In medical malpractice cases, courts will consider monetary compensations to compensate injured patients. These damages could include future and past medical bills as well as lost wages, disfigurement, pain and suffering, and loss of enjoyment of life. Punitive damages are awarded in certain circumstances. They are only awarded to criminal acts that society is trying to discourage.

A medical malpractice lawsuit begins by filing in the court of a civil summons. The parties then proceed to discovery. It is a process that requires both parties to make statements under oath. 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 important to establish that the doctor was legally obligated to provide treatment and care to the patient. The other element to prove is that the doctor violated the obligation by failing to adhere to the medical standard of care. The third element is whether the breach caused harm to the patient.

It is vital to be aware that the statutes of limitations (the legally-imposed timeframe within which a lawsuit 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 which the underlying act of medical malpractice occurred.