What Is a Medical Malpractice Claim?

A medical malpractice case is brought by the 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 usually filed in state trial courts. To prevail in a lawsuit, the aggrieved party must demonstrate four legal elements:

Duty of care

In order to prove a legal claim, medical malpractice the plaintiff must prove that he or she was owed a duty of duty by a person or an organization and that they failed to meet it. In medical malpractice cases it is a physician's obligation to provide their patients with a proper standards of treatment. Expert testimony is typically used to determine this.

Expert witnesses help to determine the proper medical standards and then show how a doctor did not follow the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must then show that this error was directly responsible for the victim's injury.

Expert testimony is crucial because jurors generally have only a basic understanding of anatomy and are exposed to numerous medical dramas. In medical malpractice claims this is especially important because it is often difficult to establish the appropriate standard of care. In the context of a medical malpractice case, the standard of care is referred to the level of expertise of the practitioner, the quality of treatment, and the level of dedication possessed by other physicians in similar specialties under similar circumstances.

Typically, experts in medical malpractice cases are fellow surgeons or doctors with similar training and board certifications. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors not to testify against each other) it isn't easy to find an expert with the qualifications to provide evidence against a colleague in relation to poor care.

Breach of duty

If a doctor commits an error that harms the patient, it is medical malpractice. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims can be complicated issues and laws, which makes them difficult to prove. However, a good medical malpractice lawyer will review the facts of your case to determine whether a doctor breached his or her duty to the patient.

Your attorney will determine if a doctor-patient relationship existed between you and your doctor, which is a requirement for any malpractice claim. Your attorney will review the decisions and actions of your physician to determine whether the standards of care in your state for doctors who have similar training, backgrounds and geographical location is satisfied.

Physicians have a responsibility to their patients to abide by these standards without omission or deviation. A breach of duty implies that the physician did not meet your expectations and caused you injury.

It is simple to prove an infraction of duty by using expert witnesses and your attorney's investigation. Experts can testify to the reasons why the doctor's actions did not meet the standards of care and also explain why a different medical professional in similar circumstances might have acted differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will examine your medical records, prescription and test results, imaging scans and prescriptions to make a strong case that the breach of duty committed by the doctor directly contributed to your injuries.

Causation

Most treatments come with some degree of risk, however medical errors can increase those risks. To prove the causality, the injured patient must prove an immediate connection between the alleged negligence of the medical professional and their injury. In many cases this will require expert testimony and the help of a medical malpractice lawyer.

Medical errors can include, for example, misdiagnosing serious illnesses or conditions. The failure of a doctor to recognize cancer or other conditions could have grave consequences for the patient. In this case the patient could experience unnecessary pain and even die. In failing to recognize the problem correctly the doctor could have committed a malpractice.

Proving that a medical professional or hospital has treated you in a negligent manner can be a long and tedious process. Evidence could come from variety sources, such as medical records and test results, as well as expert witness testimony and depositions. Your lawyer can assist you gather and interpret this evidence as well as represent you during the deposition process.

It is vital to understand that only healthcare professionals are liable for Medical malpractice negligence. As opposed to receptionists in medical facilities nurses and doctors are expected to act in accordance to the standard of care. A medical professional must be able of predicting the consequences of his or her education and skills.

Damages

In medical malpractice lawsuits the courts consider monetary damages intended to compensate the injured patient. These damages may include past and future medical bills as well as lost wages, pain and suffering, disfigurement, and loss of enjoyment of life. In some instances the punitive damages may be awarded. These are reserved for particularly egregious actions that society is interested in deterring.

A medical malpractice claim typically starts with the filing of a civil summons or complaint in court. Then, the parties engage in discovery, a process where the plaintiffs and defendants disclose statements under the oath. This could involve asking for medical records as well as deposing parties involved in a lawsuit as well as interviewing witnesses.

One of the first things to prove in a medical malpractice case is that the doctor had the legal obligation of providing medical treatment and care to the patient. The second part is that the doctor violated that duty by failing to adhere the medical standard of care. The third aspect is that the breach resulted in injury to the patient.

It is crucial to understand that the statutes of limitations (the legally-imposed timeframe within which an action for Medical Malpractice (Vimeo.Com) must be filed) vary from state to states. In New York, the statute of limitations is two years and six months (30 months) from the date when the underlying incident of south bay medical malpractice law firm malpractice took place.