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What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by patients who complain about the negligence of a healthcare worker. The patient (or his or her estate in the event of death) must prove that the negligence led to injury or harm.

medical malpractice lawyers malpractice lawsuits are typically filed in state trial courts. The patient who is aggrieved must demonstrate four legal elements in order to win the case:

Duty of care

In any legal matter, the plaintiff needs to demonstrate that an individual or entity had a legal obligation to care, and they failed to perform this duty. In the case of medical malpractice, it is the duty of medical professionals to provide the right level of care to their patients. Expert testimony is typically used to establish this.

Expert witnesses help determine the proper medical standards and then demonstrate how a doctor deviated from the guidelines in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that the deviation was directly accountable for the injury of the victim.

Expert testimony is crucial, as most jurors do not have a good understanding of anatomy and watch many medical dramas. In the case of medical malpractice it is crucial since it can be difficult to establish the appropriate standard of care. In a case of medical malpractice the standard refers the level of expertise in the field, the quality of care provided and the degree of diligence that other doctors with similar specialties possess in similar circumstances.

In general, experts in medical malpractice cases are fellow physicians or surgeons with similar qualifications and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors to not be able to testify against one another) it isn't easy to find an expert who is qualified to testify against a colleague regarding poor care.

Breach of duty

If a doctor makes an error that hurts the patient, this is medical malpractice. These errors can cause new injuries or even worsen existing ones. Medical malpractice claims involve complex legal issues and regulations, making them difficult to prove. However, a skilled medical malpractice lawyer will examine the circumstances of your case and determine if the doctor has breached his or her duty to the patient.

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

Doctors are required to adhere to the standards that are set by their patients without omission or deviation. A breach of that duty means that the doctor did not fulfill the expectations of his patients and caused injury to you.

Proving a breach of duty is generally straightforward with the aid of the research of your attorney and expert witnesses. Those experts can testify as to the reasons why the doctor's actions did or did not meet the standard of care and then explain how a medical professional in similar circumstances would have performed differently. Your lawyer must also tie the breach of duty with your injuries and damages. Your attorney will scrutinize your medical records, prescription and test results, imaging scans and prescriptions to build a strong case that the breach of duty by your physician directly caused your injuries.

Causation

Medical errors can increase the dangers of a wide range of treatments. To prove causality in a malpractice case an injured patient must establish a direct link between the negligence alleged and their injuries. In many cases this will require expert testimony and the help of a medical malpractice lawyer.

For medical malpractice lawyer example, not diagnosing a condition or a serious disease is a common error. The failure of a doctor to recognize cancer or any other medical condition, can have serious consequences for patients. In this instance the patient could be suffering unnecessary pain and even end up dying. The doctor may have committed malpractice by not properly diagnosing the condition.

Proving that your doctor, or hospital did not treat you properly is a lengthy and difficult process. Evidence may come from a number of sources, including medical records or test results, expert witness testimony and depositions. Your attorney can assist you with obtaining and interpreting this evidence, as representing you in the process of depositions.

It is also important to remember that only healthcare professionals can be sued for malpractice. Doctors and nurses, in contrast to receptionists in medical facilities, are expected to adhere to current standards of treatment. A medical professional should have the ability to predict 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 may include past and future medical bills loss of wages, the disfigurement caused by pain and suffering and loss of enjoyment of life. Punitive damages may be awarded in some cases. These are reserved for the most egregious of actions that society would like to discourage.

A medical malpractice lawsuit begins by filing in court of a civil summons. Then, the parties will engage in discovery, a process in which the plaintiff and defendants are required to make disclosures under the oath. This may include seeking medical records or other documents and depositions of the parties who are involved in a lawsuit and interviewing witnesses.

In a medical malpractice claim it is vital to establish that the doctor was legally obligated to provide treatment and medical care to the patient. The second aspect is that the doctor violated this obligation by not adhering to the standard of medical practice. The third factor is whether the breach resulted in injury to the patient.

It is crucial to understand that the statutes of limitations (the legally prescribed time period within which an action for medical malpractice must be filed) differ from state to the state. In New York, the statute of limitations is two years and six months (30 months) from the date on the date that the underlying cause of medical malpractice occurred.