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What Is a Medical Malpractice Claim?

A medical malpractice case is brought by the patient who complains about the carelessness of a healthcare professional. The patient (or the estate of the patient in the event of death) must prove that the negligence resulted in injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. To prevail in a lawsuit, the aggrieved party has to prove four elements of law:

Duty of care

To prove a legal claim, a plaintiff needs to demonstrate that they was owed a duty of duty by a third party and that they failed to meet it. In medical malpractice cases, this involves a physician's duty 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 prove that a physician deviated from these standards in their treatment of the patient. A plaintiff's medical malpractice attorney must prove that the error was directly responsible for the victim's injuries.

Expert testimony is vital, as most jurors have only a basic understanding of anatomy, and they watch numerous medical dramas. In medical malpractice claims this is crucial because it is often difficult to establish the appropriate standard of care. In a medical malpractice case, the standard of care is referred to the level of skill, quality of treatment and the level of dedication possessed by other physicians in 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 a number of doctors (a term lawyers use to describe the tendency of doctors not to testify against one another) it can be difficult to locate an expert who is qualified to provide evidence against a colleague in relation to poor care.

Breach of duty

Medical negligence occurs when a physician makes an error that hurts the patient. The mistakes could cause new injuries or make preexisting ones worse. Medical malpractice claims involve complex laws and issues, making them difficult to prove. However, a reputable medical malpractice lawyer will review the facts of your case to determine if a doctor has violated his or her obligation to the patient.

Your attorney will determine if a doctor-patient relationship existed between you and your physician, which is a requirement for any malpractice claim. Your attorney will also review the actions and decisions of your physician to determine whether they complied with what is known as the standard of care for doctors of similar backgrounds, training and geographic location in your state.

Physicians owe a duty to their patients to follow these standards without deviation or omission. If they violate this duty, it means that the doctor did not fulfill those expectations and that failure resulted in harm to you.

Proving the breach of duty is generally straightforward with the aid of the research of your attorney and expert witnesses. These experts can testify that the doctor's actions weren't in line with the standards of medical care and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also tie the breach of duty with your injuries and damages. Your attorney will look at your medical records tests, prescriptions, test results and imaging scans in order to construct a convincing case that the breach of duty committed by your physician directly resulted in your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove causation, the patient must establish an immediate connection between the negligence of the doctor and the injury. In many cases this requires expert testimony and the help of a medical malpractice lawyer.

For instance, misdiagnosing a condition or a serious illness is a frequent medical error. A doctor's failure to diagnose cancer or any other medical condition may have serious implications for the patient. In this case the patient could suffer excessive suffering, and even die. The doctor may be negligent for not properly diagnosing the condition.

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, including medical reports and test results, as and expert testimony from witnesses and oral depositions. Your attorney can assist you with obtaining and interpreting this evidence, as representing you in the process of depositions.

It is important to keep in mind that only healthcare professionals is liable for misconduct. Contrary to receptionists at medical facilities nurses and doctors are expected to act according to the standards of care. Medical professionals must have the ability to predict the consequences of his or qualifications and education.

Damages

In medical malpractice lawsuits the courts are able to determine monetary damages to compensate the injured patient. These damages could include future or past medical bills, loss of wages as well as pain and discomfort, disfigurement or loss of enjoyment living. In some instances punitive damages could also be awarded. These are reserved for particularly egregious actions that society has an interest in preventing.

A medical malpractice case typically begins with filing a civil summons as well as a complaint in court. Then, the parties will engage in discovery, which is a process where the plaintiffs and defendants are required to make disclosures under swearing. This may include the exchange of documents like medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

One of the first things to prove in a medical malpractice case is that the physician had an obligation under law to provide care and treatment to the patient. The second aspect is that the doctor breached his obligation by failing to follow the medical standards of practice. The third element is that the breach caused harm to the patient.

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