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What Is a Medical Malpractice Claim?

A medical malpractice claim involves a patient complaining about the negligence of a healthcare professional. The patient, or or his or her estate in the case of a deceased patient must prove that the negligence caused injury or harm.

In general, lawsuits alleging medical negligence are filed in the state trial court. The aggrieved patient must prove four legal elements to win the case:

Duty of care

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

Expert witnesses can help determine proper standards for medicine and then explain the ways in which a physician has deviated from these standards when treating a patient. A medical malpractice lawyer for a plaintiff must then show that this error was directly responsible for the victim's injury.

Expert testimony is vital because jurors are usually not familiar with anatomy and have watched a number of medical dramas. This is especially relevant in medical malpractice claims as it is often difficult to establish a reasonable standard of care. In a medical malpractice case the standard refers to the level of skill in the field, the quality of care provided and the level of care that other physicians in similar specialties can demonstrate under similar circumstances.

Generally, experts in medical malpractice claims are surgeons or fellow doctors who have the same training and board certifications. It is often difficult to find an expert willing to testify against substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a physician makes an error that hurts the patient. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice claims are challenging to prove due to complex laws and issues. However, a good medical malpractice lawyer will analyze the facts of your case to determine whether a doctor breached his or her duty to the patient.

Your attorney will establish that there was a doctor-patient relationship between you and your physician, which is essential in any malpractice claim. Your attorney will review the actions and decisions of your physician to determine whether the standard of care in your state for doctors who have similar training, background and geographical location is met.

Physicians owe a duty to their patients to adhere to these standards without omission or deviation. A breach of duty implies that the doctor failed to meet your expectations and caused you injury.

It is simple to establish the breach of duty with the assistance of experts and your attorney's research. Those experts can testify as to why the doctor's actions did not meet the standards of care and describe how a different medical professional in similar circumstances would have behaved differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will examine your medical malpractice lawsuits records, test results, prescriptions and imaging scans to make an argument that your physician's breach of duty directly resulted in your injuries.

Causation

Medical errors can increase the risks of many treatments. To prove the causality, a patient who has suffered an injury has to show an unambiguous connection between the alleged negligence of the doctor and their injuries. In many cases, this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors could include, Medical Malpractice Lawyer for example, misdiagnosing serious ailments or illnesses. If a doctor fails to recognize cancer, or any other condition may have serious implications for patients. In this case the patient may suffer unnecessary suffering and even death. The doctor could have committed malpractice by not properly diagnosing the condition.

Proving that your doctor, or hospital was negligent in the treatment you received can be a long and complicated process. Evidence could come from variety sources, such as medical records, test results, expert witness testimony and depositions. Your attorney can assist you obtain and interpret the evidence, as well as assist you during the deposition process.

It is also important to note that only a healthcare professional can be sued for malpractice. Doctors and nurses, unlike receptionists in medical facilities, are expected to follow the current standards of treatment. Medical professionals should be able of predicting the consequences of his or her education and skills.

Damages

In medical malpractice attorneys malpractice cases, courts will be hearing about financial compensations to pay compensation to injured patients. The damages may include future or past medical bills and lost wages in the event of pain and discomfort disfigurement or loss of enjoyment of living. In some cases, punitive damages are awarded in a few cases. These are awarded only to criminal acts that society is trying to discourage.

A medical malpractice lawsuit typically begins with the filing of a civil summons or complaint in the court. The parties will then begin discovery. It is a process which requires the plaintiff and defendants to take oaths to make statements. This could involve requesting the exchange of documents like medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

In a claim for medical malpractice it is vital to establish that the doctor was legally obligated to provide medical treatment and care to the patient. The second aspect is that the doctor violated this obligation by failing to follow the medical standards of practice. The third aspect is whether the breach resulted in injury to the patient.

It is vital to be aware that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice has to be filed) vary from state to states. In New York, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.