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What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by patients who complain about the negligence of a healthcare worker. The patient (or his or her estate if the patient died) must show that the negligence caused injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. In order to win a lawsuit the party seeking to be harmed must demonstrate four legal elements:

Duty of care

In any legal matter the plaintiff must demonstrate that an individual or entity owed them a duty of care, and they failed to perform this obligation. In the case of medical malpractice, this involves a physician's obligation to provide their patients with the appropriate standard of medical care. This is usually determined through expert testimony.

Expert witnesses assist in determining the appropriate medical standards. They then show how a doctor did not follow the standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then show that this deviation was directly responsible for the victim's injuries.

Expert testimony is vital since jurors are often unfamiliar with anatomy and have seen a lot of medical dramas. In the case of medical malpractice, this is particularly important since it can be difficult to establish the appropriate standard of care. In a medical malpractice case the standard of care refers to the skill level, quality of treatment and the level of diligence displayed by other physicians in similar specialties in similar circumstances.

In general, experts in medical malpractice claims are surgeons or fellow doctors with similar training and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors not to admit to a case against one another), it can be challenging to find an expert with the right qualifications to testify against a colleague regarding inadequate care.

Breach of duty

When a doctor commits an error that causes harm to the patient, it is considered medical malpractice. The mistakes could cause new injuries or make preexisting ones worse. Medical malpractice claims are challenging to prove because they involve complex laws and issues. A good medical malpractice attorney will review your case to determine if a physician has violated their obligation to you.

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

Physicians are required to respect the standards set forth by their patients without deviation or omission. If they violate this duty, it means that the doctor did not meet those expectations and that failure caused injury to you.

Proving the breach of duty usually simple with the help of the research of your attorney and expert witnesses. Experts can testify to how the doctor's actions did or did not meet the standards of medical care and also explain why a different medical professional in similar circumstances would have acted differently. Your lawyer must also link the breach of duty with your injuries and damages. Your lawyer will review your medical records, test and prescription results, imaging scans, and prescriptions to make a strong case that the breach of duty by your doctor directly caused your injuries.

Causation

Medical errors can increase the dangers of many treatments. To prove the causation of a malpractice claim the patient who has been injured must establish a direct link between the negligence alleged and the injury. In the majority of cases, expert testimony is required and the assistance of a medical malpractice attorney.

For instance, a mistake in diagnosing a condition or a serious illness is a common error. A doctor's failure to diagnose cancer or any other illness can have severe consequences for patients. In this situation the patient could experience unnecessary pain and even end up dying. By failing to diagnose the condition correctly, the doctor may have committed malpractice.

Proving that your doctor or hospital was negligent in the treatment you received can be a long and complicated process. Evidence may come from a variety sources, such as medical records or test results, expert witness testimony and depositions. An attorney can help you locate and interpret this evidence, as well as assist you during the deposition process.

It is important to know that only healthcare professionals can be sued for malpractice. In contrast to receptionists in medical centers, doctors and nurses must act according to the standards of care. This means that medical professionals should be able of predicting the outcomes depending on their experience and knowledge.

Damages

In medical malpractice cases, courts will consider monetary compensations designed to pay injured patients. These damages could include the cost of medical bills in the past or in the future, loss of wages, pain and discomfort, disfigurement, or loss of enjoyment of living. In some instances punitive damages can also be awarded; these are reserved for particularly serious behaviour that society is interested in stopping.

A medical malpractice lawsuit typically begins with the filing an civil summons and complaint in the court. The parties will follow up with discovery. It is a process where the plaintiff and defendants are required to give testimony under oath. This may include the request of medical records, for instance as well as deposing parties who are involved in a lawsuit and interviewing witnesses.

One of the primary elements to prove in a medical negligence case is that the doctor was under a legal duty to provide care and treatment to the patient. The second element to establish is that the doctor acted in breach of the duty by failing to follow the medical standard of care. The third element is that the breach caused 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 has to be filed) vary from state the state. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.