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What Is a Medical Malpractice Claim?

A medical malpractice case is brought 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.

Lawsuits alleging medical malpractice 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 prove a legal claim, a plaintiff must prove that he or she was legally obligated to perform a duty by a third party and that they failed to meet the obligation. In the case of medical malpractice, it is the obligation of doctors to provide the proper quality of care to their patients. This is usually determined through expert testimony.

Expert witnesses can assist in determining appropriate standards of medicine and then show the ways in which a physician has deviated from these standards when treating the patient. A plaintiff's attorney who is suing for medical malpractice needs to prove that this deviation caused the victim's injuries.

Expert testimony is crucial because jurors generally have only a basic understanding of anatomy and have watched many medical dramas. In medical malpractice claims, this is particularly important because it is often 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 skill, quality of treatment and the level of diligence displayed by other doctors with similar specialties in similar circumstances.

Typically, experts in medical malpractice cases are fellow surgeons or doctors who have the same training and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors to not admit to a case against one another), it can be difficult to locate an expert with the right qualifications to provide evidence against a colleague in relation to sub-standard care.

Breach of duty

Medical malpractice occurs when a physician commits a mistake that harms the patient. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice cases are a complex set of laws and issues, making them difficult to prove. However, a good medical malpractice lawyer will review the circumstances of your case and determine if a doctor violated his or her duty to the patient.

Your attorney will determine if the relationship was between a doctor and patient you and your doctor, which is necessary for any malpractice claim. Your attorney will also look into the actions and decisions of your physician to determine whether they complied with what is known as the standard of care for doctors with similar education, background and geographical location within your state.

Doctors are required to follow the guidelines that their patients have set without omission or deviation. A breach of duty implies that the doctor didn't meet your expectations, and this has resulted in injury to you.

Proving the breach of duty generally straightforward with the aid of the research of your attorney and expert witnesses. Experts can testify that the doctor's actions weren't in line with the standard of medical treatment and provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your lawyer will look over your medical records, prescription and test results, imaging scans and prescriptions in order to build an argument that proves 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 exacerbate those dangers. To prove the cause of malpractice in a claim, an injured patient must demonstrate a direct link between the alleged negligence and the injury. In the majority of cases, expert testimony is required along with the assistance of an attorney who specializes in medical malpractice.

For instance, a mistake in diagnosing a condition or a serious illness is a common medical error. A doctor's failure to diagnose cancer or other conditions may have serious implications for the patient. In this situation the patient could experience inexpensive suffering and possibly even death. By failing to diagnose the condition properly the doctor could have committed a malpractice.

Proving that a hospital or doctor failed to treat you appropriately is a lengthy and difficult process. Evidence may come from a number of sources, including medical records tests, medical records, expert witness testimony and 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 remember that only a healthcare professional is liable for misconduct. Doctors and nurses, in contrast to receptionists at medical malpractice lawyers centers, are expected to adhere to current standards of care. A medical professional must be able of predicting the outcome based on his education and expertise.

Damages

In medical malpractice cases, the courts will be hearing about financial compensations to pay injured patients. These damages may include future and past 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 case typically starts with the filing of a civil summons as well as a complaint in court. The parties then engage in discovery, which is a process that requires the plaintiff and defendants are required to make disclosures under oath. This could involve requesting the exchange of documents, such as medical records, taking depositions from parties involved in the lawsuit and conducting interviews with witnesses.

In a medical malpractice claim it is essential to establish that the doctor was legally obligated to provide treatment and care to the patient. The second element is that the doctor violated that duty by not adhering to the medical standard of practice. The third factor is that the breach caused injury to the patient.

It is important to note that the statute of limitations (the legally-defined time frame within which a medical negligence claim must be filed) differs from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date when the underlying incident of medical malpractice took place.