What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by a patient who complains about the negligence of a healthcare worker. The patient (or his or her estate in the event of death) must prove that the negligence resulted in injury or harm.

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

Duty of care

To establish a legal claim, a plaintiff must show that he or she was legally obligated to perform a duty by a third party and that they failed to fulfill the obligation. In the case of medical malpractice, this involves a physician's obligation to provide their patients with the proper standards of treatment. This is typically determined through expert testimony.

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

Expert testimony is crucial as jurors are typically unfamiliar with anatomy and have watched a number of medical dramas. This is especially relevant in medical malpractice cases since it is difficult to establish a proper standard of care. In a medical malpractice claim, the standard of care is referred to the level of skill as well as the quality of treatment and the degree of diligence shown by other physicians in similar specialties under similar circumstances.

Generally, experts in medical malpractice cases are fellow surgeons or doctors with similar training and board certifications. It can be difficult to locate an expert willing to testify about poor medical care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice happens when a doctor is negligent and hurts the patient. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice claims involve complex issues and laws, making them difficult to prove. However, a qualified medical malpractice lawyer will analyze the facts of your case to determine if a doctor violated his or her duty to the patient.

Your attorney will establish there was a doctor-patient relationship between you and your physician which is required for any malpractice claim. Your attorney will scrutinize your doctor's actions and decisions to determine whether the standards of care in your state for doctors with similar backgrounds, training, and geographic location is satisfied.

Doctors owe it to their patients to follow these standards without deviation or omission. A breach of duty means that the doctor did not meet your expectations, and this has resulted in injury.

Proving the breach of duty typically straightforward with the help of the research of your attorney and expert witnesses. Those experts can testify as to why the doctor's actions didn't conform to the standards of care and also explain why a different medical professional in similar circumstances might have different actions. Your lawyer must also link the breach of duty with your injuries and damages. Your lawyer will look over your medical records, test and prescription results, imaging scans and prescriptions to build an argument that the breach of duty by your doctor directly caused your injuries.

Causation

Medical errors can increase the risks of most treatments. To prove causation in a malpractice claim an injured patient must prove a direct connection between the alleged negligence and their injuries. In many cases this will require expert testimony and the assistance of a lawyer for medical malpractice.

Medical errors can be mistakes in diagnosis, for instance, misdiagnosing serious illnesses or conditions. If doctors fail to detect cancer or another condition, it can have severe consequences for the patient. In this case the patient could experience excessive suffering, and even die. The doctor could have committed a mistake by not diagnosing the issue properly.

Proving that a doctor or hospital has treated you in a negligent manner can be a long and tedious process. The evidence needed may include numerous sources, such as medical reports and test results, as along with expert testimony from witnesses and oral depositions. Your lawyer can assist you in obtaining and interpreting this evidence, as well as assisting you during the process of depositions.

It is important to note that only healthcare professionals can be sued for negligence. Nurses and Medical Malpractice Law Firm doctors, as opposed to receptionists in medical centers, are expected to adhere to current standards of treatment. That means that a medical professional must be able to predict the effects based on their skills and education.

Damages

In medical malpractice law firm - anchor, malpractice claims, courts hear about monetary damages that are designed to compensate the injured person. These damages may include past and future medical bills as well as lost wages, disfigurement and pain and loss of enjoyment of life. In some cases, punitive damages are awarded in some cases. These are awarded only to those who commit crimes that society wishes to deter.

A medical malpractice case begins with the filing in court of an administrative summons. Then, the parties will engage in discovery, which is a process in which the plaintiff and defendants are required to make disclosures under swearing. This could include the request of medical records, for instance taking depositions of those involved in a lawsuit and interviewing witnesses.

In a medical malpractice case, it is important to prove that the doctor was legally obligated to provide treatment and medical care to the patient. The second element to establish is that the doctor did not fulfill the obligation by failing to follow the medical standard of care. The third element is that the breach resulted in injury to the patient.

It is important to know that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice must be filed) differ from state to states. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.