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What Is a Medical Malpractice Claim?

A medical malpractice case is brought by a patient who complains about the negligence of a healthcare worker. The patient, or his or estate in the instance of a deceased patient, must show that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are generally filed in state trial courts. To prevail in a lawsuit the party who is claiming damages must prove four elements of law:

Duty of care

In any legal claim the plaintiff must demonstrate that an individual or entity had a responsibility to them under a duty of care, and they failed to fulfill this duty. In the case of medical malpractice lawsuit negligence, it is the duty of medical professionals to provide the proper quality of care to their patients. Expert testimony is typically used to establish this.

Expert witnesses can help determine the proper standards for medicine and then show how a physician has strayed from these standards while treating the patient. A medical malpractice lawyer for a plaintiff must then prove that the error was directly at fault for the injury suffered by the victim.

Using expert testimony is essential, as most jurors do not have a good understanding of anatomy and are exposed to several medical dramas. In medical malpractice claims this is crucial as it is often difficult to establish the standards of care. In the context of a medical malpractice claim, the standard of care refers to the level of skill as well as the quality of treatment and the level of dedication possessed by other physicians in similar areas of expertise in similar circumstances.

Experts in medical malpractice cases are usually surgeons or doctors with similar training and certification. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors to not testify against one another) it is often difficult to find an expert with the right qualifications to be a witness against a colleague for sub-standard care.

Breach of duty

If a doctor commits an error that harms the patient, this is medical malpractice. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims are difficult to prove because they involve complicated laws and concerns. However, a good medical malpractice lawyer will analyze the facts of your case and determine if a doctor has violated his or her duty to the patient.

Your attorney will establish a doctor-patient connection between you and your doctor, which is necessary for any malpractice claim. Your attorney will examine the actions and decisions of your physician to determine the level of care in your state for doctors with similar training, background and geographical location is met.

Doctors owe it to their patients to adhere to these standards without omission or deviation. Breaching that duty means the doctor was not able to meet those expectations and that failure resulted in harm to you.

It is simple to prove an infraction of duty by using experts and your attorney's research. Experts can testify to the reasons why the doctor's actions did not meet the standards of medical care and describe how a different medical professional in similar circumstances might have acted differently. Your lawyer must also connect the breach of duty with your injuries and damages. Your lawyer will review your medical documents, test and prescription results, imaging scans, and prescriptions to build 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 causality in a malpractice case an injured patient must demonstrate a direct link between the negligence alleged and the injury. In many instances this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors can include mistakes in diagnosis, for instance, misdiagnosing serious ailments or illnesses. If doctors fail to detect cancer or another illness it could result in severe consequences for the patient. In this situation, the patient may experience excessive suffering, and even die. The doctor could have committed a mistake by not diagnosing the problem properly.

Proving that your doctor, or hospital was negligent in treating you can be complicated and time-consuming. Evidence can come from a variety sources, such as medical records and test results, as well as expert witness testimony and depositions. Your lawyer can assist you find and interpret this evidence, as well as assist you during the deposition process.

It is vital to understand that only healthcare professionals can be sued for malpractice. Nurses and doctors, in contrast to receptionists in medical facilities, are expected to adhere to current standards of treatment. This means that a medical professional should be able to predict the effects depending on their experience and education.

Damages

In medical malpractice cases the courts are able to determine monetary damages that are intended to compensate the injured person. These damages can include the cost of medical bills in the past or in the future as well as loss of earnings or income, pain and disfigurement, or loss of enjoyment of living. In some instances the punitive damages may be awarded. These are awarded to those who have committed particularly indecent behavior that society is interested in preventing.

A medical malpractice case typically begins with the filing of a civil summons and complaint in court. The parties then engage in discovery. This is a process where the plaintiff and defendants make statements under oath. This can include requesting the exchange of documents like medical records, taking depositions from those involved in the lawsuit and conducting interviews with witnesses.

In a case of medical malpractice it is vital to prove that the physician was legally bound to provide treatment and care to the patient. The second thing to establish is that the doctor violated the obligation by failing to follow the medical malpractice attorney standard of care. The third aspect is whether 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 must be filed) differ from state to states. 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 took place.