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What Is a Medical Malpractice Claim?

A medical malpractice (click homepage) claim is filed by the patient who complains about the negligence of a healthcare worker. The patient (or his or her estate should the patient die) must prove that the negligence resulted in injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. In order to win a lawsuit the party who is claiming damages must prove four elements of law:

Duty of care

In any legal claim, the plaintiff has to prove that a person or entity had a responsibility to them under a duty of care and then failed to meet that obligation. In medical malpractice cases it is a doctor's obligation to provide their patients with a proper standard of medical care. This is usually determined through expert testimony.

Expert witnesses help to determine the appropriate medical standards. They then show how a doctor did not follow those standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that the error was directly accountable for the injury of the victim.

Using expert testimony is essential, as most jurors do not have a good understanding of anatomy and are exposed to several medical dramas. In medical malpractice claims this is crucial because it can be difficult to establish the standards of care. In a medical malpractice lawyers malpractice case, the standard of care refers to the degree of skill, quality of treatment and the level of dedication possessed by other physicians in similar areas of expertise in similar circumstances.

The majority of experts in medical malpractice cases are fellow surgeons or doctors who have the same qualifications and board certifications. It isn't easy to find an expert who is willing to testify against substandard care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical negligence occurs when a physician makes a mistake that hurts the patient. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims can be complicated legal issues and regulations, making them difficult to prove. However, a good medical malpractice lawyer will examine the circumstances of your case and determine whether a doctor breached his or her obligation to the patient.

Your attorney will establish a doctor/patient relationship between you and your doctor which is essential to prove a malpractice claim. Your attorney will also look into your physician's actions and decisions to determine if they meet what is known as the standard of care for doctors of similar training, experience and geographical location in your state.

Physicians must follow the standards that are set by their patients without deviation or omission. A breach of duty means that the doctor did not meet your expectations, and this has resulted in injury to you.

Proving the breach of duty is usually straightforward with the help of the research of your attorney and expert witnesses. Experts can prove that the doctor's actions were not in accordance with the standard of medical treatment and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records, test results, prescriptions and imaging scans to create an argument that proves your physician's breach of duty directly contributed to your injuries.

Causation

Medical errors can increase the dangers of a wide range of treatments. To prove causality, a patient who has suffered an injury must establish an unambiguous connection between the alleged negligence of a medical professional and their injury. In many instances this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors can include errors in diagnosis, such as misdiagnosing serious diseases or conditions. If doctors fail to detect cancer or another illness this could have serious consequences for the patient. In this case the patient could be suffering excessive pain or even die. The doctor may have committed a mistake by not diagnosing the problem properly.

The process of proving that your doctor or hospital was negligent in treating you isn't easy and takes a lot of time. The evidence needed could include numerous sources, including medical reports and test results, as and expert witness testimony and Medical Malpractice oral depositions. Your attorney can help you gather and interpret this evidence as well as represent you during the deposition process.

It is also important to know that only healthcare professionals is liable for negligence. As opposed to receptionists in medical facilities nurses and doctors are expected to behave in accordance with prevailing standards of care. A medical professional should be able to anticipate the consequences of his or their education and experience.

Damages

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

A medical malpractice lawsuit typically starts with the filing of a civil summons as well as a complaint in the court. The parties then engage in discovery, a procedure where the plaintiffs and defendants disclose statements under the oath. This can include requesting the exchange of documents, such as medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

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

It is important to know 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 took place.