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What Is a Medical Malpractice Claim?

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

Lawsuits alleging medical malpractice are generally filed in state trial courts. To prevail in a lawsuit the party who is claiming damages must demonstrate four legal elements:

Duty of care

To establish a legal claim, the plaintiff must demonstrate that they was obliged to perform a task by a person or an organization and that they failed to perform it. In medical malpractice cases this is the physician's duty to provide their patients with the proper standards of medical care. Expert testimony is usually used to determine this.

Expert witnesses can help determine the appropriate medical standards. They then prove that a physician violated the standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that this deviation was directly accountable for the injury of the victim.

Expert testimony is essential, as most jurors are not aware of anatomy and watch numerous medical dramas. In medical malpractice claims this is crucial since it can be difficult to establish a standard of care. In a medical malpractice case, the standard of care refers to the level of skill as well as the quality of treatment and the level of dedication possessed by other physicians in similar specialties in similar circumstances.

Generally, experts in medical malpractice cases are fellow physicians or surgeons with similar qualifications 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 each other) it is often difficult to find an expert with the qualifications to testify against a colleague regarding the care that is not up to par.

Breach of duty

Medical malpractice occurs when a doctor is negligent and hurts the patient. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice cases are a complex set of issues and laws, which makes them difficult to prove. However, a skilled medical malpractice lawyer will review the circumstances of your case and determine if a doctor has violated his or her obligation to the patient.

Your attorney will establish that a doctor-patient relationship existed between you and your physician, which is required in any malpractice claim. Your attorney will look into the decisions and actions of your physician to determine whether the standards of care in your state for doctors with similar training, backgrounds, and geographic location is met.

Physicians are required to respect the standards established by their patients without deviation or omission. In breach of this duty, the doctor did not fulfill those standards and caused harm to you.

Proving that a breach of duty occurred is typically straightforward with the help of the research of your attorney and expert witnesses. These experts can testify that the doctor's actions weren't in line with the standards of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your attorney will scrutinize your medical records, test and prescription results, imaging scans and prescriptions in order to build a strong case that the breach of duty committed by your doctor directly led to your injuries.

Causation

Medical errors can increase the risks of many treatments. To prove causation in a malpractice claim an injured patient must establish a direct connection between the negligence alleged and their injury. In many cases this will require expert testimony and the assistance of a medical malpractice lawyer.

For instance, a mistake in diagnosing an illness or illness is a common error. If the doctor fails to identify cancer or another condition the result could have devastating consequences for the patient. In this case the patient could suffer unneeded suffering, or even death. In the absence of diagnosing the condition properly, the doctor may have committed a mistake.

The process of proving that your doctor or hospital did not treat you properly is a lengthy and difficult process. Evidence could come from a number of sources, including medical records and test results, as well as expert witness testimony and depositions. Your lawyer can assist you in obtaining and interpreting the evidence, as well as assisting you during the process of depositions.

It is important to keep in mind that only a healthcare professional is liable for malpractice. Nurses and doctors, in contrast to receptionists at medical centers, are expected to adhere to current standards of treatment. That means that medical professionals must be able of predicting the outcomes from their skills and education.

Damages

In medical malpractice cases the courts are able to determine monetary damages to compensate the injured patient. These damages could include the cost of medical bills in the past or in the future as well as loss of earnings or income, pain and disfigurement or loss of enjoyment of living. In some cases, punitive damages are awarded in a few cases. These are reserved for egregious acts that society wants to deter.

A medical malpractice lawsuit typically begins with filing an civil summons and complaint in the court. The parties then engage in discovery. This is a process in which the defendant and plaintiff give statements under oath. This could include requesting documents like medical records and depositions of the parties involved in a lawsuit and interviewing witnesses.

One of the first elements to prove in a medical malpractice case is that the doctor had the legal obligation to provide medical treatment and care to the patient. The second thing to prove is that the doctor did not fulfill this duty by failing follow the medical standard of care. The third element is whether the breach caused harm to the patient.

It is vital to be aware that the statutes of limitations (the legally-imposed timeframe within which an action for medical malpractice must be filed) vary from state to the 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 occurred.