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What Is a Medical Malpractice Claim?

A medical malpractice case involves the patient complaining of the negligence of a healthcare professional. The patient (or his or her estate should the patient die) must show that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are usually filed in state trial courts. The patient who is suffering from the injury must prove four legal elements to prevail in the case:

Duty of care

To prove a legal claim, a plaintiff must prove that he or she was obliged to perform a task by an individual or a company and that they failed to meet the obligation. In the case of medical malpractice it is a physician's obligation to provide their patients with a proper standards of care. This is usually determined by expert testimony.

Expert witnesses can help determine the appropriate medical standards and then prove that a physician was not following these standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must prove that the deviation was directly at fault for the injury suffered by the victim.

Expert testimony is vital because jurors generally do not have a good understanding of anatomy and watch numerous medical dramas. This is particularly important in medical malpractice cases as it isn't easy to establish a standard of care. In a case of medical malpractice the standard refers to the level of skill quality of care, as well as the degree of diligence that other doctors with 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 testify against one another) It can be difficult to locate a qualified expert willing to testify against a colleague regarding sub-standard care.

Breach of duty

Medical malpractice occurs when a doctor commits a mistake that harms the patient. These errors can cause new injuries or worsen existing ones. Medical malpractice claims can be complicated legal issues and regulations, making them difficult to prove. A reputable medical malpractice lawyer will investigate your case to determine if a physician has breached their duty to you.

Your attorney will prove that there was a doctor-patient connection between you and your physician, which is required for any malpractice claim. Your attorney will review your physician's decisions and actions to determine if the standard of care in your state for doctors who have similar training, backgrounds, and geographic location is satisfied.

Physicians have a responsibility to their patients to abide by these standards without deviation or omission. Breaching that duty means the doctor failed to meet those expectations and that failure caused harm to you.

It is simple to prove an infraction of duty by using expert witnesses and your attorney's research. Experts can testify the doctor's actions weren't in line with the standard of medical care and provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will examine your Medical Malpractice law firms records, prescription and test results, imaging scans, and prescriptions to create solid evidence that the breach of duty committed by your physician directly caused your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove causality in a malpractice case, an injured patient must demonstrate a direct link between the negligence alleged and their injuries. In many instances, this requires expert testimony and the help of a lawyer for medical malpractice.

For instance, misdiagnosing a condition or a serious illness is a common medical error. If a doctor fails to recognize cancer, or any other condition may have serious implications for the patient. In this situation, the patient could suffer excessive pain or even die. The doctor may be negligent for not diagnosing the issue properly.

Proving that a doctor or hospital did not treat you properly is a lengthy and difficult process. Evidence can come from a number of sources, including medical records or test results, expert witness testimony and depositions. Your lawyer can assist you gather and interpret this evidence and also assist you during the deposition process.

It is also important to note that only a healthcare professional can be sued for malpractice. Doctors and nurses, unlike receptionists working in medical centers are expected to adhere to current standards of medical care. A medical professional must be able to anticipate outcomes based on qualifications and education.

Damages

In medical malpractice cases, courts hear about monetary damages that are designed to compensate the injured patient. These damages may include future and past medical bills as well as lost wages, disfigurement, pain and suffering, and loss of enjoyment of life. In some cases the punitive damages may be awarded. These are reserved for particularly serious behavior that society has an interest in stopping.

A medical malpractice case usually starts with the filing of a civil summons or complaint in the court. Then, the parties will engage in discovery, which is a process that requires the plaintiff and defendants make statements under an oath. This can include requesting the exchange of documents, such as medical records, taking depositions from those involved in the lawsuit and conducting interviews with witnesses.

One of the most important elements to establish in a medical malpractice case is that the doctor owed the legal obligation of providing medical treatment and care to the patient. The second aspect to prove is that the doctor violated that duty by failing to adhere to the medical standard of care. The third factor is whether the breach caused harm to the patient.

It is vital to note that the statute of limitations (the legally prescribed period within which a medical malpractice claim must be filed) differs from state to 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.