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What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by an individual who is unhappy with the carelessness of a healthcare professional. The patient (or his or her estate in the event of death) must prove that the negligence resulted in injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. The patient who is suffering from the injury must prove four legal aspects to win the case:

Duty of care

To establish a legal claim, a plaintiff needs to demonstrate that he/she was legally obligated to perform a duty by a third party and that they did not fulfill the obligation. In medical malpractice cases this is the obligation of medical professionals to provide the highest standard of care for their patients. Expert testimony is typically used to determine this.

Expert witnesses can help determine proper standards for medical treatment and then reveal how a doctor departed from these standards while treating patients. A lawyer for a plaintiff's claim for medical malpractice has to demonstrate that the deviation caused the victim's injuries.

Expert testimony is essential because jurors generally have only a basic understanding of anatomy, and they watch several medical dramas. This is especially important when it comes to medical malpractice claims, as it can be difficult to establish a reasonable standard of care. In a medical malpractice lawsuit the standard refers to the level of competence, quality of care and level of diligence that other doctors with similar specialties can demonstrate under similar circumstances.

Typically, experts in medical malpractice claims are surgeons or fellow doctors with similar training and board certifications. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers use to describe the tendency of doctors to not be able to testify against each other), 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 physician makes an error that hurts the patient. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims are challenging to prove since they are based on complex laws and issues. However, a qualified medical malpractice lawyer will review the facts of your case and determine whether a doctor breached his or her duty to the patient.

Your attorney will establish a doctor-patient relationship existed between you and your doctor, which is required in any malpractice claim. Your attorney will review the decisions and actions of your physician to determine if the standard of care in your state for doctors who have similar training, background, and geographic location is fulfilled.

Physicians are required to respect the standards that are set by their patients without omission or deviation. A breach of duty implies that the doctor didn't meet your expectations and this failure caused injury to you.

Proving a breach of duty is usually straightforward with the help of your attorney's research and expert witnesses. Experts can testify that the doctor's actions did not meet the standard of medical treatment and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will look at your medical records as well as test results, prescriptions and imaging scans to create an argument that the breach of duty of your physician directly led to your injuries.

Causation

Medical errors can increase the risks of most treatments. To prove the causality, the injured patient must demonstrate a direct connection between the negligence of the doctor and the injury. In many cases this requires expert testimony and the help of a lawyer for medical malpractice.

For example, not diagnosing an illness or illness is a frequent medical error. A doctor's inability to recognize cancer or any other medical condition could have grave consequences for a patient. In this case the patient could be suffering excessive pain or even end up dying. In the absence of diagnosing the problem correctly the doctor could have committed a mistake.

The process of proving that your doctor or hospital was negligent in the treatment you received is a lengthy and difficult process. The evidence needed could include numerous sources, including medical records and test results, as well as expert testimony from witnesses and oral depositions. Your lawyer can assist you with obtaining and interpreting the evidence as well as representing you in the process of depositions.

It is also important to note that only a healthcare professional can be sued for malpractice. Nurses and doctors, in contrast to receptionists in medical centers, are expected to adhere to current standards of medical care. This means that medical professionals should be able to predict the effects depending on their experience and knowledge.

Damages

In medical malpractice cases, courts will hear about monetary compensations designed to help injured patients. These damages could include past or future medical bills or wages lost as well as pain and discomfort, disfigurement, or loss of enjoyment living. In certain cases the punitive damages may be awarded; these are reserved for particularly serious conduct that society has an interest in deterring.

A medical malpractice case starts by filing in the court of a civil summons. Then, the parties will engage in discovery, which is a process where the plaintiffs and defendants disclose statements under swearing. This may include the request of medical records, for instance taking depositions of those involved in a lawsuit as well as interviewing witnesses.

In a claim for medical malpractice it is essential to prove that the doctor was legally bound to provide treatment and medical malpractice attorneys care to the patient. The second part is that the doctor violated this duty by failing to adhere the medical standard of practice. The third element is whether the breach caused injury to the patient.

It is important to know that the statutes of limitations (the legally-imposed timeframe within which a lawsuit for medical malpractice has to be filed) differ from state state. In New York, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.