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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 or her estate in the case of a deceased patient, must demonstrate that the negligence was responsible for injury or harm.

In general, lawsuits claiming medical negligence are filed in state court. The patient who is suffering from the injury must prove four legal elements to win the case:

Duty of care

To prove a legal claim, a plaintiff has to demonstrate that he/she was in the position of being owed a duty by another person or organization and that they failed to fulfill the obligation. In the case of medical malpractice, it is the duty of medical professionals to provide the right quality of care to their patients. Expert testimony is typically used to determine this.

Expert witnesses help determine the appropriate medical standards and then explain how a doctor did not follow the guidelines in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that the deviation was directly at fault for the injury suffered by the victim.

Expert testimony is vital because jurors generally do not have a good understanding of anatomy and have watched many medical dramas. This is particularly important when it comes to medical malpractice claims, as it isn't easy to establish a reasonable standard of care. In the context of a medical malpractice case, the standard of care refers to the degree of skill, quality of treatment and the degree of diligence shown by other doctors with similar specialties under similar circumstances.

Generally, experts in medical malpractice claims are surgeons or physicians with similar qualifications and board certifications. It can be difficult to find an expert who is willing to testify about substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error that harms the patient, this is medical malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims can be difficult to prove due to complex laws and issues. However, a qualified medical malpractice lawyer will analyze the circumstances of your case and determine whether a doctor breached his or her obligation to the patient.

Your attorney will establish that there was a doctor-patient relationship between you and your physician which is necessary in any malpractice claim. Your attorney will scrutinize your physician's decisions and actions to determine if the standard of care in your state for doctors who have similar training, backgrounds and geographical location is satisfied.

Physicians have a responsibility to their patients to observe these guidelines without deviation or omission. Breaching that duty means the doctor was not able to meet those standards and resulted in harm to you.

It is simple to prove an infraction of duty by using expert witnesses and your attorney's research. Experts can testify the doctor's actions did not meet the standard of medical malpractice law firms care and provide reasons why a different medical malpractice law firm professional would have acted differently in similar circumstances. Your lawyer should also be able to link the breach of duty to your injuries and damages. Your attorney will examine your medical records, prescription and test results, imaging scans and prescriptions to build a strong case that the breach of duty committed by your doctor directly caused your injuries.

Causation

Most treatments carry a degree of risk, however medical errors can add to those dangers. To prove the causation of a malpractice claim the injured person must establish a direct connection between the negligence alleged and the injury. In many cases this will require expert testimony and the assistance of a medical malpractice lawyer (Full Record).

For instance, a mistake in diagnosing a condition or a serious illness is a frequent medical error. If doctors fail to recognize cancer or another disease the result could have devastating consequences for the patient. In this situation the patient could experience unnecessarily pain and may even end up dying. In the absence of diagnosing the condition correctly the doctor could have committed malpractice.

Proving that your doctor, or hospital was negligent in their treatment of you is a lengthy and difficult process. Evidence could come from a variety of sources, including medical records or test results, expert witness testimony and depositions. An attorney can help you gather and interpret this evidence as well as represent you during the deposition process.

It is also important to note that only healthcare professionals can be sued for misconduct. Doctors and nurses, in contrast to receptionists at medical centers, are expected to adhere to current standards of treatment. A medical professional must be able to anticipate consequences based on his or his education and expertise.

Damages

In medical malpractice claims the courts consider monetary damages to compensate the patient who was injured. These types of damages can include future and past medical bills, lost wages, disfigurement and pain and loss of enjoyment of life. In some cases, punitive damages are awarded in a few cases. They are only awarded to the most egregious of actions that society would like to discourage.

A medical malpractice case typically begins with the filing an civil summons and complaint in court. The parties then engage in discovery, a procedure in which the plaintiff and defendants are required to make disclosures under swearing. This may include the exchange of documents such as medical records, deposing parties who are involved in the lawsuit, and conducting interviews with witnesses.

One of the primary elements to prove in a medical negligence case is that the physician had a legal duty to provide care and treatment to the patient. The second aspect to establish is that the doctor did not fulfill that duty by failing to adhere to the medical standard of care. The third element is that the breach resulted in injury to the patient.

It is crucial to understand that the statutes of limitations (the legally-defined time period within which an action for medical malpractice must be filed) vary from state the state. In New York, the statute of limitations is two years and six months (30 months) from the date which the act that led to medical malpractice occurred.