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What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by a patient who complains about the carelessness of a healthcare professional. The patient (or his or her estate should the patient die) must show that the negligence led to injury or harm.

Lawsuits alleging medical malpractice are generally filed in state trial courts. The patient who is suffering from the injury must prove four legal aspects to win a case:

Duty of care

In any legal claim, the plaintiff needs to demonstrate that an individual or entity had a responsibility to them under a duty of care, and they did not fulfill that duty. In medical malpractice cases it is a physician's obligation to provide their patients with a proper standards of care. Expert testimony is typically used to establish this.

Expert witnesses assist in determining the correct medical standards, and then explain how a doctor violated the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that the deviation was directly at fault for the injury suffered by the victim.

Expert testimony is vital, as jurors are often not familiar with anatomy and have watched a lot medical dramas. In medical malpractice claims this is crucial because it can be difficult to establish the standard of care. In the context of a medical malpractice case, the standard of care is referred to the level of expertise as well as the quality of treatment and degree of diligence possessed by other doctors in comparable specialties in similar circumstances.

Typically, experts in medical malpractice claims are surgeons or physicians with similar qualifications and board certifications. It isn't easy to find an expert willing to testify against substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error which harms the patient, it is considered medical malpractice. These errors can lead to new injuries or make existing ones worse. Medical malpractice claims are complicated legal issues and regulations, making them difficult to prove. However, a reputable medical malpractice lawyer will examine the circumstances of your case and determine if a doctor has violated his or her duty to the patient.

Your attorney will establish the relationship was between a doctor and patient you and your physician which is necessary in any malpractice claim. Your attorney will also review your physician's actions and decisions to determine if they complied with what is known as the standard of care for doctors of similar training, experience and geographical location within your state.

Physicians are required to follow the standards that are set by their patients without omission or deviation. A breach of duty means that the doctor failed to meet your expectations, and this has resulted in injury to you.

It is easy to prove a breach of duties with the help of experts and your attorney's research. Expert witnesses 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 performed differently. Your lawyer should also be able to link the breach of duty to your injuries and damages. Your attorney will examine your medical records, test and prescription results, imaging scans and prescriptions to create an argument that proves the breach of duty by your physician directly caused your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove the causation of a malpractice claim the patient who has been injured must establish a direct connection between the negligence alleged and their injury. In many instances this will require expert testimony and the assistance of a medical malpractice lawyer.

For example, not diagnosing a condition or a serious disease is a common error. If the doctor fails to identify cancer or other conditions it could result in severe consequences for the patient. In this situation the patient may suffer inexpensive suffering and possibly even death. In the absence of diagnosing the problem correctly, the doctor may have committed a malpractice.

Finding out if your doctor or hospital did not treat you properly is a lengthy and difficult process. Evidence may come from a variety of sources, including medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist you find and interpret the evidence as well as represent you during the deposition process.

It is important to note that only healthcare professionals can be sued for negligence. Nurses and doctors, as opposed to receptionists in medical facilities, are expected to follow the current standards of treatment. This means that medical professionals should be able to anticipate the consequences in light of their expertise and knowledge.

Damages

In medical malpractice cases courts will hear about financial damages that are intended to compensate the injured patient. These damages could include past and future medical bills, lost wages, disfigurement and pain, and loss of enjoyment of life. Punitive damages can be awarded in certain circumstances. They are only awarded to egregious acts that society wants to discourage.

A medical malpractice case typically begins with filing a civil summons and complaint in the court. Then, the parties will engage in discovery, a procedure through which the plaintiff and defendants make statements under the oath. This could include the request of medical records, for instance and depositions of the parties involved in a lawsuit as well as interviewing witnesses.

One of the primary elements to prove in a medical malpractice case is that the physician had a legal duty to provide care and treatment to the patient. The second element is that the doctor breached this duty by failing to adhere the medical standard of practice. The third aspect is whether the breach caused harm to the patient.

It is crucial to understand that the statutes of limitations (the legally-required time frame within which an action for medical malpractice must be filed) differ from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date which the act that led to medical malpractice took place.