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What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by patients who complain about the carelessness of a healthcare professional. The patient (or his or her estate if the patient has passed away) must prove that the negligence resulted in injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. The aggrieved patient must prove four legal aspects to win a case:

Duty of care

To prove a legal claim, a plaintiff needs to show that he or she was obliged to perform a task by a person or an organization and that they failed to perform it. In medical malpractice cases it is a doctor's obligation to provide their patients with the right standard of care. Expert testimony is often used to determine this.

Expert witnesses can help determine the correct medical standards, and then explain how a doctor did not follow those standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that this error was directly responsible for the victim's injuries.

Expert testimony is vital since jurors are often not knowledgeable about anatomy and have seen a lot of medical dramas. This is especially relevant in medical malpractice cases since it is often difficult to establish a minimum standard of care. In a medical malpractice claim, the standard refers to the level of expertise, quality of care and level of care that other doctors in similar specialties possess in similar circumstances.

Generally, experts in medical malpractice cases are fellow physicians or surgeons who have the same qualifications and board certifications. It is often difficult to find an expert who is willing to testify regarding substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a physician makes an error that hurts the patient. These errors can cause new injuries or exacerbate existing ones. Medical malpractice claims are complicated legal issues and regulations, making them difficult to prove. However, a good medical malpractice lawyer will examine the facts of your case and determine if the doctor has breached his or her obligation to the patient.

Your attorney will determine if the relationship was between a doctor and patient you and your physician, which is required for any malpractice claim. Your attorney will review your physician's decisions and actions to determine whether the standard of care in your state for doctors with similar backgrounds, training and geographical location is fulfilled.

Physicians have a duty to respect the standards that are set by their patients without omission or deviation. A breach of duty implies that the doctor failed to meet your expectations, and this has resulted in injury to you.

Proving that a breach of duty occurred is typically straightforward with the help of the research of your attorney and expert witnesses. Experts can prove that the doctor's actions didn't meet the standards of medical care and explain why another medical professional would have acted differently in similar circumstances. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your attorney will scrutinize your medical records, test and prescription results, imaging scans and prescriptions to build an argument that the breach of duty committed by your doctor directly led to your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove causation in a malpractice claim the injured person must demonstrate a direct link between the negligence alleged and their injuries. In many instances this requires expert testimony and the assistance of a medical malpractice lawyer.

For example, misdiagnosing an illness or illness is a common error. If a doctor fails to diagnose cancer or another disease, it can have severe consequences for the patient. In this scenario the patient could suffer unneeded suffering, or even death. In the absence of diagnosing the condition properly the doctor could have committed a mistake.

Finding out if your doctor or hospital was negligent in treating you isn't easy and takes a lot of time. The evidence needed may include many sources, including medical records and test results, as in addition to expert witness testimony and oral depositions. Your attorney can assist you obtain and interpret this evidence as well as represent you during the deposition process.

It is important to note that only healthcare professionals are liable for negligence. As opposed to receptionists in medical facilities, doctors and nurses must act in accordance with prevailing standards of care. A medical professional should be able to anticipate the outcome based on her education and skills.

Damages

In medical malpractice claims the courts consider monetary damages that are intended to compensate the patient who was injured. These damages can be based on future or past medical bills and lost wages, pain and discomfort, disfigurement or loss of enjoyment living. In some instances punitive damages could also be awarded; these are awarded to those who have committed particularly indecent behaviour that society is interested in stopping.

A medical malpractice case starts with the filing in court of an administrative summons. The parties then engage in discovery. It is a process where the plaintiff and defendants make statements under oath. This can include requesting the exchange of documents such as medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

In a claim for medical malpractice it is essential to prove that the physician was legally bound to provide care and treatment to the patient. The second aspect to prove is that the doctor did not fulfill the obligation by failing to follow the medical standard of care. The third aspect is whether the breach resulted in harm to the patient.

It is crucial to understand that the statutes of limitations (the legally-defined time period within which an action for medical malpractice must be filed) differ from state to the state. In New York, there is a statute of limitations of two years and six month (30 months) after the date of the medical malpractice.