What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by patients who complain about the negligence of a healthcare worker. The patient, or his or his or her estate in the case of a deceased patient must show that the negligence caused injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. The patient who is affronted must prove four legal aspects to win the case:

Duty of care

To establish a legal claim, a plaintiff has to demonstrate that he/she was legally obligated to perform a duty by a person or an organization and that they failed to perform the obligation. In the case of medical negligence, it is the obligation of a doctor to provide the right standard of care for their patients. Expert testimony is usually used to establish this.

Expert witnesses can help determine proper standards for medicine and then show how a physician has strayed from these guidelines when treating patients. A lawyer for a plaintiff's claim for medical malpractice needs to establish that the deviation was responsible for the victim's injuries.

Expert testimony is essential for jurors, since the majority of jurors have only a basic understanding of anatomy and watch many medical dramas. In the case of medical malpractice this is crucial as it is often difficult to establish the appropriate standard of care. In a medical malpractice lawsuit the standard refers to the level of competence, quality of care and level of care that other doctors in similar specialties can demonstrate under similar circumstances.

Typically, experts in medical malpractice claims are surgeons or fellow doctors who have the same qualifications and board certifications. It can be difficult to find an expert willing to testify about poor medical care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a physician is negligent and hurts the patient. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice claims are complicated laws and issues, making them difficult to prove. A good medical malpractice attorney will review your case to determine if a physician has breached their duty to you.

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

Physicians are required by their patients to adhere to these standards without deviation or omission. A breach of that duty means that the doctor did not fulfill the expectations of his patients and caused injury to you.

Proving a breach of duty is generally straightforward with the aid of your attorney's research and expert witnesses. Expert witnesses can testify to why the doctor's actions did or did not meet the standards of care and explain how another medical professional in similar circumstances might have performed differently. Your lawyer must also connect the breach of duty with your injuries and damages. Your lawyer will look over your medical documents, test and prescription results, imaging scans and prescriptions to build an argument that proves the breach of duty committed by your physician directly caused your injuries.

Causation

Most treatments come with some level of risk, but medical errors can increase the risks. To prove the cause of malpractice in a claim, an injured patient must establish a direct connection between the negligence alleged and their injuries. In many cases this requires expert testimony and the help of a lawyer for medical malpractice.

Medical errors include, for example, misdiagnosing serious ailments or illnesses. If the doctor fails to identify cancer or other conditions, it can have severe consequences for the patient. In this scenario the patient may suffer in pain that is not needed and could even die. The doctor could have committed a malpractice by not diagnosing the problem properly.

Proving that your doctor, or hospital was negligent in their treatment of you can be complicated and time-consuming. Evidence could come from a number of sources, including medical records tests, medical records, expert witness testimony and depositions. Your lawyer can assist you in obtaining and understanding the evidence as well as assisting you during the process of depositions.

It is vital to understand that only healthcare professionals can be sued for negligence. Nurses and doctors, in contrast to receptionists in medical facilities, are expected to adhere to current standards of medical care. That means that a medical professional must be able to anticipate the consequences from their skills and education.

Damages

In medical malpractice cases, judges will hear about monetary compensations to compensate injured patients. These types of damages can include future and past medical bills, lost wages, the disfigurement caused by pain and suffering and loss of enjoyment of life. Punitive damages can be awarded in certain circumstances. These are reserved for those who commit crimes that society wishes to deter.

A medical malpractice claim typically starts with the filing of a civil summons as well as a complaint in court. The parties then proceed to discovery. This is that requires both parties to make statements under oath. This may include the exchange of documents like medical records, deposing those who are 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 medical treatment and care to the patient. The second part is that the doctor violated that duty by failing to adhere the standard of medical practice. The third aspect is that the breach resulted in harm to the patient.

It is crucial to remember that the statute of limitations (the legally-defined time frame within which a medical negligence 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.