What Is a Medical Malpractice Claim?

A medical negligence claim involves a patient who complains of the negligence of a healthcare professional. The patient, or his or Vimeo estate in the instance of a deceased patient, must establish that the negligence caused injury or harm.

In general, lawsuits alleging medical negligence are filed in state court. The patient who is aggrieved must demonstrate four legal elements to win a case:

Duty of care

In any legal claim, the plaintiff has to prove that a person or entity owed them a duty of care and then did not fulfill that obligation. In medical malpractice cases it is a doctor's obligation to provide their patients with the right standards of care. This is usually determined through expert testimony.

Expert witnesses can help determine the proper standards for medicine and then explain the ways in which a physician has deviated from these standards when treating the patient. A plaintiff's attorney for medical malpractice needs to establish that the deviation was responsible for the victim's injuries.

Using expert testimony is essential since jurors typically do not have a good understanding of anatomy and watch numerous medical dramas. In the case of medical malpractice this is especially important because it is often difficult to establish the standards of care. In a medical malpractice case, the standard of care refers to the level of skill, quality of treatment and the level of diligence displayed by other physicians in similar specialties in similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons who have a similar education and certification. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors not to testify against each other), it can be challenging to find an expert with the qualifications to testify against a colleague regarding poor care.

Breach of duty

Medical malpractice occurs when a doctor makes a mistake that hurts the patient. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are difficult to prove due to complicated laws and concerns. However, a qualified medical malpractice lawyer will analyze the circumstances of your case and determine if a doctor violated his or her duty to the patient.

Your attorney will establish a doctor-patient relationship between you and your physician which is essential to prove a malpractice claim. Your attorney will also look into your physician's actions and decisions to determine if they met what is referred to as the standard of care for doctors of similar training, background and geographical location within your state.

Physicians are required by their patients to follow these guidelines without deviation or omission. Breaching that duty means the doctor did not meet these standards and caused injury to you.

Proving the breach of duty is usually straightforward with the help of your attorney's research and expert witnesses. These experts can testify that the doctor's actions did not meet the standard of medical treatment and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will scrutinize your medical records, prescription and test results, imaging scans and prescriptions to make an argument that proves the breach of duty committed by your physician directly caused your injuries.

Causation

Medical errors can increase the dangers of many treatments. To prove the cause of malpractice in a claim the injured person must demonstrate a direct link between the negligence alleged and their injuries. In the majority of cases, expert testimony is required as well as assistance from a medical malpractice lawyer.

Medical errors include mistakes in diagnosis, for instance, misdiagnosing serious ailments or illnesses. If a doctor fails to diagnose cancer or another disease the result could have devastating consequences for the patient. In this situation the patient could suffer unnecessary suffering and even death. If the doctor failed to diagnose the condition properly, the doctor may have committed malpractice.

Proving that your doctor, or hospital did not treat you properly is a lengthy and difficult process. Evidence could come from number of sources, including medical records tests, freeport medical malpractice lawyer records, expert witness testimony and depositions. Your attorney can assist you find and interpret this evidence, and also represent you during the deposition process.

It is also important to remember that only healthcare professionals is liable for malpractice. As opposed to receptionists in firestone medical malpractice attorney facilities, doctors and nurses are expected to operate in accordance with prevailing standards of care. Medical professionals must be able to anticipate the outcome based on their education and experience.

Damages

In medical malpractice cases, the courts will be hearing about financial compensations designed to pay compensation to injured patients. These types of damages can include past and future medical bills and lost wages, as well as pain and suffering, disfigurement and loss of enjoyment of life. In some cases, punitive damages are awarded in a few cases. They are reserved for those who commit crimes that society wishes to discourage.

A medical malpractice lawsuit begins with the filing in court of a civil summons. The parties then proceed to discovery. This is a procedure where the plaintiff and defendants give statements under oath. This could include requesting the exchange of documents such as medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice claim it is crucial to establish that the doctor was legally bound to provide treatment and care to the patient. The second element is that the doctor breached this obligation by not adhering to the medical standard of care. The third aspect is whether the breach caused injury to the patient.

It is vital to be aware that the statutes of limitations (the legally-required time frame within which an action 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) after the date of the medical malpractice.