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What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by patients who complain about the carelessness 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.

In general, lawsuits that claim medical negligence are filed in the state trial court. To prevail in a lawsuit, the aggrieved party has to demonstrate four legal elements:

Duty of care

To establish a legal claim, a plaintiff has to demonstrate that he/she was in the position of being owed a duty by a person or an organization and that they did not fulfill the obligation. In medical malpractice cases it is a physician's obligation to provide their patients with the appropriate standard of treatment. Expert testimony is usually used to establish this.

Expert witnesses assist in determining the proper medical standards and then demonstrate how a doctor deviated from the standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that the deviation was directly responsible for the victim's injuries.

Expert testimony is vital because jurors generally have only a basic understanding of anatomy and have watched a lot of medical dramas. In medical malpractice claims, this is particularly important as it is often difficult to establish the appropriate standard of care. In medical malpractice cases, the standard of care is referred to the level of expertise as well as the quality of treatment and the degree of diligence shown by other physicians in similar specialties in similar circumstances.

In general, experts in medical malpractice claims are surgeons or physicians with similar training and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors to not be able to testify against each other) it isn't easy to find an expert who is qualified to defend a colleague against sub-standard care.

Breach of duty

If a doctor makes an error that hurts the patient, this is considered medical malpractice. These errors can cause new injuries, or worsen existing ones. Medical malpractice cases are a complex set of legal issues and Medical Malpractice Attorney regulations, making them difficult to prove. A good medical malpractice attorney will evaluate your case to determine if the doctor has breached their duty to you.

Your attorney will establish a doctor/patient relationship between you and your physician that is required for any malpractice claim. Your attorney will scrutinize your doctor's actions and decisions to determine if the standard of care in your state for doctors who have similar training, background and geographical location is fulfilled.

Physicians have a duty to adhere to the standards that their patients have set without omission or deviation. A breach of duty implies that the doctor did not meet your expectations and resulted in injury.

It is easy to prove that there was a breach of duty by using experts and your attorney's investigation. Expert witnesses can testify to the reasons why the doctor's actions did not conform to the standards of care and describe how a different medical malpractice law firm professional in similar circumstances might have different actions. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records, test results, prescriptions and imaging scans in order to construct an argument that proves your physician's breach of duty directly led to your injuries.

Causation

Medical errors can increase the risks of a wide range of treatments. To prove causality, the injured patient must establish an unambiguous connection between the negligence of the medical professional and their injury. In many cases, expert witness is required along with the assistance from a medical malpractice attorney.

For example, misdiagnosing a condition or a serious illness is a common medical error. If the doctor Medical Malpractice attorney fails to identify cancer or another illness it could result in severe consequences for the patient. In this case the patient could experience in pain that is not needed and could even die. If the doctor failed to diagnose the condition properly, the doctor may have committed malpractice.

The process of proving that your doctor or hospital was negligent in treating you is a lengthy and difficult process. The evidence you require could be from a variety of sources, such as medical reports and test results as in addition to expert testimony from witnesses and oral depositions. An attorney can help you gather and interpret this evidence and also assist you during the deposition process.

It is also important to remember that only a healthcare professional is liable for malpractice. Doctors and nurses, unlike receptionists at medical centers, are expected to adhere to current standards of care. Medical professionals should be able to anticipate the outcome based on their education and experience.

Damages

In medical malpractice cases, judges will hear about monetary compensations designed to pay 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. In some cases punitive damages can also be awarded. These are reserved for particularly egregious actions that society has an interest in deterring.

A medical malpractice case usually begins with the filing of a civil summons as well as a complaint in the court. The parties will follow up with discovery. This is a procedure where the plaintiff and defendants are required to give testimony under oath. This may include the exchange of documents such as medical records, taking depositions from those involved in the lawsuit and conducting interviews with witnesses.

One of the first elements to prove in a medical negligence case is that the doctor was under the legal obligation of providing care and treatment to the patient. The other element to prove is that the doctor acted in breach of this duty by failing follow the medical standard of care. The third aspect is whether the breach resulted in harm to the patient.

It is vital to be aware that the statutes of limitations (the legally-imposed timeframe within which an action for medical malpractice has to be filed) differ from state to the 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.