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What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient, or or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. The patient who is affronted must prove four legal elements to win a case:

Duty of care

In order to prove a legal claim, a plaintiff has to show that he or she was legally obligated to perform a duty by a third party and that they failed to fulfill the obligation. In medical malpractice cases it is a physician's duty to provide their patients with the proper standard of medical care. This is usually determined by expert testimony.

Expert witnesses can assist in determining the proper standards for medicine and then show how a physician has strayed from these guidelines when treating a patient. A plaintiff's medical malpractice attorney must then show that this error was directly responsible for the victim's injury.

Expert testimony is crucial as jurors are typically not familiar with anatomy and have watched a number of medical dramas. In medical malpractice claims this is especially important since it can be difficult to establish the appropriate standard of care. In a medical malpractice case, the standard of care refers to the degree of skill of the practitioner, the quality of treatment, and the degree of diligence shown by other doctors with similar specialties in similar situations.

Generally, experts in medical malpractice cases are surgeons or fellow doctors with similar qualifications and board certifications. It can be difficult to find an expert who is willing to testify regarding substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor commits an error that harms the patient, this is considered medical malpractice. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims involve complex laws and issues, making them difficult to prove. However, a qualified medical malpractice lawyer will analyze 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 relation between you and your doctor that is required for any malpractice claim. Your attorney will look into the decisions and actions of your physician to determine the level of care in your state for doctors with similar training, backgrounds and geographical location is met.

Physicians must adhere to the standards established by their patients without omission or deviation. A breach of duty means that the doctor did not meet your expectations and this failure resulted in injury.

It is easy to prove a breach of duties with the assistance of experts and your attorney's research. These experts can testify that the doctor's actions weren't in line with the standards of medical care and provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will look over your medical documents, test and prescription results, imaging scans, and prescriptions to make a strong case that the breach of duty by your doctor directly led to your injuries.

Causation

Medical errors can increase the dangers of a wide range of treatments. 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 many cases this will require expert testimony and the help of a medical malpractice lawyer.

Medical errors could include the misdiagnosis of serious illnesses or conditions. If the doctor fails to identify cancer or another illness it could result in severe consequences for the patient. In this case, the patient may experience unneeded suffering, or even death. The doctor may have committed a malpractice by not properly diagnosing the condition.

Proving that a hospital or doctor has treated you in a negligent manner is a lengthy and difficult process. The evidence required could come from various sources, such as medical reports and test results as along with expert testimony from witnesses and oral depositions. Your attorney can assist you in obtaining and interpreting this evidence, as as assisting you during the process of depositions.

It is also important to note that only a healthcare professional can be sued for malpractice. In contrast to receptionists in medical centers, doctors and nurses are expected to operate according to the standards of care. Medical professionals must have the ability to predict outcomes based on their education and experience.

Damages

In medical malpractice lawsuits, courts hear about monetary damages that are designed to compensate the injured person. The damages may include the cost of medical bills in the past or in the future, loss of wages or income, pain and disfigurement or loss of enjoyment living. Punitive damages can be awarded in a few cases. These are awarded only to those who commit crimes that society wishes to deter.

A medical malpractice case typically begins with the filing of a civil summons and complaint in court. Then, medical malpractice the parties will engage in discovery, a procedure where the plaintiffs and defendants make statements under the oath. This can include seeking medical records or other documents, taking depositions of parties involved in a lawsuit, and interviewing witnesses.

One of the first things to prove in a medical malpractice case is that the doctor had an obligation under law to provide care and treatment to the patient. The second part is that the doctor violated that obligation by failing to follow the medical standards 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-required time frame within which a lawsuit for medical malpractice must be filed) vary from state state. In New York, the statute of limitations is two years and six months (30 months) from the date on when the underlying incident of medical malpractice took place.