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What Is a Medical Malpractice Claim?

A medical malpractice claim involves a patient complaining about negligence by a healthcare worker. The patient, or or his or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. The aggrieved patient must prove four legal aspects to win a case:

Duty of care

In order to prove a legal claim, a plaintiff has to show that he or she was in the position of being owed a duty by a person or an organization and that they failed to fulfill the obligation. In the case of medical negligence, it is the obligation of doctors to provide the highest quality of care to their patients. Expert testimony is usually used to determine this.

Expert witnesses can help determine proper standards for medical treatment and then reveal the ways in which a physician has deviated from these standards while treating a patient. A plaintiff's attorney for medical malpractice has to prove that this deviation caused the victim's injuries.

Expert testimony is essential, as jurors are often unfamiliar with anatomy and watched a lot medical dramas. In the case of medical malpractice it is crucial because it can be difficult to establish the appropriate standard of care. In a case of medical malpractice the standard is the level of skill, quality of care and level of care that other doctors in similar specialties possess in similar circumstances.

Experts in medical malpractice cases are usually fellow physicians or surgeons who have similar training and accreditation. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors to not admit to a case against one another), it can be challenging to find an expert with the qualifications to provide evidence against a colleague in relation to inadequate care.

Breach of duty

Medical malpractice occurs when a doctor makes an error that hurts the patient. These errors can cause new injuries or exacerbate existing ones. Medical malpractice claims are challenging to prove due to complicated laws and concerns. However, a reputable medical malpractice lawyer will analyze the facts of your case to determine if a doctor has violated his or her obligation to the patient.

Your attorney will establish that the relationship was between a doctor and patient you and your physician, which is necessary in any malpractice claim. Your attorney will also review the actions and decisions of your physician to determine if they meet what is known as the standard of care for doctors of similar backgrounds, training and geographical location within your state.

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

It is simple to prove the breach of duty with the assistance of expert witnesses and your attorney's investigation. Experts can testify that the doctor's actions did not meet the standard of medical treatment and provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will review your medical documents, test and prescription results, imaging scans and prescriptions to make an argument that proves the breach of duty by the doctor directly contributed to your injuries.

Causation

Most treatments come with some degree of risk, but medical errors can increase those dangers. To prove the cause of malpractice in a claim, an injured patient 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.

Medical errors can include mistakes in diagnosis, for instance, misdiagnosing serious illnesses or conditions. If doctors fail to detect cancer or another illness the result could have devastating consequences for the patient. In this scenario the patient could experience inexpensive suffering and possibly even death. By failing to diagnose the condition properly, the doctor may have committed a lapse of judgment.

Proving that your doctor or hospital was negligent in the treatment you received can be complicated and time-consuming. The evidence needed could 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 understanding the evidence, as well being your advocate during the process of depositions.

It is important to note that only healthcare professionals can be sued for malpractice. Nurses and doctors, as opposed to receptionists working in medical centers are expected to adhere to current standards of care. This means that medical professionals must be able to foresee consequences in light of their expertise and knowledge.

Damages

In medical malpractice lawsuits, courts hear about monetary damages to compensate the injured person. 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 cases punitive damages can also be awarded. These are reserved for particularly serious behaviour that society has an interest in stopping.

A medical malpractice lawsuit typically begins with filing a civil summons or complaint in court. Then, the parties engage in discovery, which is a process through which the plaintiff and defendants are required to make disclosures under an oath. This could include requesting the exchange of documents like medical records, taking depositions from parties 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 the legal obligation to provide medical treatment and care to the patient. The second element is that the doctor breached this duty by failing to adhere the standard of medical practice. The third aspect is that the breach caused injury to the patient.

It is vital to be aware that the statutes of limitations (the legally-defined time period within which a lawsuit for medical malpractice has to be filed) vary from state state. In New York, the statute of limitations is two years and six months (30 months) from the date on when the underlying incident of medical malpractice took place.