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What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by the patient who complains about the carelessness of a healthcare professional. The patient, or or estate in the instance of a deceased patient must demonstrate that the negligence was responsible for injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. To prevail in a lawsuit the aggrieved party has to prove four elements of law:

Duty of care

In any legal case, the plaintiff has to show that another person or entity was liable to them for a duty of care and did not fulfill that duty. In medical malpractice cases, it is the duty of medical professionals to provide the appropriate level of care to their patients. This is typically determined through expert testimony.

Expert witnesses can help determine the appropriate medical standards. They then prove that a physician was not following these standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then show that this deviation was directly at fault for the injury suffered by the victim.

Expert testimony is vital for jurors, since the majority of jurors have only a basic understanding of anatomy and have watched numerous medical dramas. This is especially important in medical malpractice cases as it is difficult to establish a proper standard of care. In a medical malpractice lawsuit the standard refers to the level of expertise in the field, the quality of care provided and the level of care that other doctors with similar specialties in similar circumstances.

Generally, experts in medical malpractice claims are surgeons or fellow doctors who have the same qualifications and board certifications. Due to the "conspiracy of silence" among many doctors (a term lawyers use to describe the tendency of doctors not to be able to testify against each other) it can be difficult to locate an expert with the qualifications to testify against a colleague regarding poor care.

Breach of duty

Medical negligence occurs when a physician makes an error that hurts the patient. These errors can cause new injuries or worsen existing ones. Medical malpractice claims are difficult to prove since they are based on complicated laws and issues. An experienced medical malpractice attorney will investigate your case to determine whether a doctor has violated their obligation to you.

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

Physicians are required by their patients to follow these standards without deviation or omission. A breach of duty implies that the physician did not meet your expectations and caused injury to you.

It is easy to prove an infraction of duty with the assistance of expert witnesses and your attorney's investigation. Experts can testify that the doctor's actions were not in accordance with the standard of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records and test results, prescriptions and imaging scans to make a solid case that your physician's breach of duty directly resulted in your injuries.

Causation

Medical errors can increase the dangers of most treatments. To prove causation, an injured patient must prove an unambiguous connection between the negligence of the doctor and their injuries. In many instances, expert testimony is required as well as assistance of a medical malpractice lawyer.

For example, not diagnosing a condition or a serious illness is a common medical error. If doctors fail to detect cancer or another disease it could result in severe consequences for the patient. In this scenario the patient may suffer unnecessary suffering and even death. The doctor may be negligent for medical malpractice lawsuit not properly diagnosing the condition.

Proving that a doctor or hospital did not treat you properly can be difficult and time-consuming. The evidence needed could include numerous sources, such as medical records and test results as and expert testimony from witnesses and oral depositions. Your attorney can assist you in obtaining and interpreting the evidence, as well as assisting you during the process of depositions.

It is also important to know that only healthcare professionals is liable for negligence. Contrary to receptionists at medical facilities, doctors and nurses are expected to act in accordance with the current standards of care. This means that a medical professional must be able to anticipate the consequences based on their skills and knowledge.

Damages

In medical malpractice claims courts will hear about financial damages to compensate the patient who was injured. These types of damages can include past and future medical bills and lost wages, as well as pain and suffering, disfigurement and loss of enjoyment of life. In some cases the punitive damages may be awarded. These are reserved for particularly egregious actions that society is interested in stopping.

A medical malpractice case starts by filing in court of an administrative summons. The parties then engage in discovery, a process through which the plaintiff and defendants are required to make disclosures under oath. This could include requesting the exchange of documents such as medical records, deposing parties who are involved in the lawsuit, and conducting interviews with witnesses.

One of the most important elements to prove in a medical malpractice case is that the physician had the legal obligation to provide medical treatment and care to the patient. The second element to prove is that the doctor acted in breach of the obligation by failing to adhere to the medical standard of care. The third aspect is that the breach caused harm to the patient.

It is vital to note that the statute of limitations (the legally prescribed period within which a medical negligence 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 on which the underlying act of medical malpractice occurred.