What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by an individual who is unhappy with the negligence of a healthcare worker. The patient (or the estate of the patient in the event of death) must prove that the negligence caused injury or harm.

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

Duty of care

In any legal action in any legal matter, the plaintiff must demonstrate that a third party or entity had a legal obligation to care, and they failed to perform this obligation. In medical malpractice cases this is the duty of doctors to provide the appropriate level of care to their patients. Expert testimony is usually used to determine this.

Expert witnesses can help determine the appropriate standards of medical practice and then demonstrate how a doctor has deviated from these guidelines when treating a patient. A plaintiff's medical malpractice attorney must prove that the error was directly at fault for the injury suffered by the victim.

Expert testimony is essential for jurors, since the majority of jurors are not aware of anatomy and are exposed to many medical dramas. This is especially important in medical malpractice cases as it is difficult to establish a reasonable standard of care. In a case of medical malpractice the standard is the level of skill quality of care, as well as the degree of diligence that other doctors with similar specialties have under similar circumstances.

Experts in medical malpractice cases are usually surgeons or doctors who have a similar education and accreditation. Due to the "conspiracy of silence" among many doctors (a term lawyers use to describe the tendency of doctors not to testify against each other), it can be difficult to locate an expert with the right qualifications to provide evidence against a colleague in relation to poor care.

Breach of duty

Medical malpractice happens when a doctor is negligent and hurts the patient. These errors can cause new injuries or even worsen existing ones. Medical malpractice claims involve complex laws and issues, making them difficult to prove. An experienced medical malpractice attorney will examine your case to determine whether a doctor has violated their obligation to you.

Your attorney will establish there was a doctor-patient connection between you and your doctor, which is a requirement for any malpractice claim. Your attorney will review the actions and decisions of your physician to determine if the standard of care in your state for doctors with similar training, backgrounds and geographical location is satisfied.

Physicians must follow the standards set forth by their patients without omission or deviation. A breach of that duty means that the doctor failed to meet these 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. Those experts can testify as to the reasons why the doctor's actions didn't meet the standards of medical care and describe how a different bellevue medical malpractice law firm professional in similar circumstances would have performed differently. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will review your medical records tests, prescriptions, test results and imaging scans to create an argument that proves your physician's breach of duty directly resulted in your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove the cause of malpractice in a claim, an injured patient must demonstrate a direct link between the negligence alleged and their injuries. In many instances this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors can include mistakes in diagnosis, for instance, misdiagnosing serious ailments or illnesses. If doctors fail to recognize cancer or another condition the result could have devastating consequences for the patient. In this situation the patient may suffer excessive suffering, and even die. By failing to diagnose the condition correctly the doctor could have committed malpractice.

The process of proving that your doctor or hospital was negligent in the treatment you received can be complicated and time-consuming. The evidence you require could be from various sources, including University Heights Medical Malpractice Lawyer reports and test results, as along with expert witness testimony and oral depositions. Your attorney can assist with obtaining and interpreting the evidence, as well representing you in the process of depositions.

It is also important to remember that only a healthcare professional is liable for misconduct. Doctors and nurses, unlike receptionists at medical centers, are expected to follow the current standards of care. Medical professionals should have the ability to predict outcomes based on their education and experience.

Damages

In medical malpractice cases, the courts will consider monetary compensations designed to pay compensation to injured patients. These damages may include past and future medical bills as well as lost wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. In some instances, punitive damages may also be awarded; these are reserved for particularly serious behaviour that society is interested in stopping.

A medical malpractice case usually begins with the filing an civil summons and complaint in the court. The parties will then proceed to discovery. This is where the plaintiff and defendants are required to give testimony under oath. This may include seeking medical records or other documents as well as deposing parties involved in a lawsuit and interviewing witnesses.

One of the first things to prove in a medical malpractice case is that the doctor owed a legal duty to provide healthcare and treatment to the patient. The second part is that the doctor violated this obligation by failing to follow the medical standard of care. The third factor is whether the breach resulted in injury to the patient.

It is crucial to remember that the statute of limitations (the legally-defined time frame within which a medical malpractice claim must be filed) differs from state to 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 took place.