The Top Medical Malpractice Lawyers Gurus Do Three Things

What Is a Medical Malpractice Claim?

A medical malpractice case involves the patient claiming the negligence of a healthcare professional. The patient (or his or her estate if the patient has passed away) must show that the negligence caused injury or harm.

Medical malpractice lawsuits are typically filed in state trial courts. The patient who is suffering from the injury must prove four legal elements to win the case:

Duty of care

To establish a legal claim, a plaintiff has to prove that he or she was legally obligated to perform a duty by another person or organization and that they failed to meet the obligation. In medical malpractice cases it is a doctor's duty to provide their patients with the proper standard of medical care. Expert testimony is often used to determine this.

Expert witnesses can help determine the appropriate medical standards. They then explain how a doctor violated the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that this error was directly at fault for the injury suffered by the victim.

Expert testimony is vital, as most jurors do not have a good understanding of anatomy and have watched several medical dramas. This is especially important when it comes to medical malpractice claims, as it is difficult to establish a minimum standard of care. In a medical malpractice lawsuit the standard refers to the level of competence quality of care, as well as the degree of diligence that other physicians in similar specialties possess in similar circumstances.

Generally, experts in medical malpractice claims are surgeons or physicians who have the same qualifications and board certifications. It isn't easy to find an expert who is willing to testify regarding substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice happens when a doctor is negligent and hurts the patient. These errors can lead to new injuries or make existing ones worse. Medical malpractice cases are a complex set of legal issues and regulations, making them difficult to prove. An experienced medical malpractice attorney will evaluate your case to determine if a doctor has violated their obligation to you.

Your attorney will prove that the relationship was between a doctor and patient you and your physician, which is required for any malpractice claim. Your attorney will look into your doctor's actions and decisions to determine if the standard of care in your state for doctors with similar backgrounds, training and geographical location is met.

Physicians have a responsibility to their patients to adhere to these standards, without deviation or omission. A breach of that duty means that the doctor was not able to meet these standards and resulted in harm to you.

Proving the breach of duty typically straightforward with the help of your attorney's research and expert witnesses. Experts can testify that the doctor's actions didn't meet the standard of medical treatment and explain why another medical professional would have acted differently in similar circumstances. Your lawyer should also be able to link the breach of duty to your injuries and damages. Your attorney will look at your medical records as well as test results, prescriptions and imaging scans to create a convincing case that the breach of duty committed by your physician directly caused your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove causality in a malpractice case the injured person must establish a direct link between the alleged negligence and their injury. In many cases, expert witness is required along with the assistance of an attorney for medical malpractice.

For example, not diagnosing a condition or a serious illness is a frequent medical error. If a doctor Medical Malpractice Lawsuit fails to recognize cancer or other conditions may have serious implications for patients. In this situation the patient could experience unnecessarily pain and may even die. In failing to recognize the condition correctly, the doctor may have committed a mistake.

Finding out if your doctor or hospital did not treat you properly can be a long and complicated process. Evidence could come from variety of sources, including medical records or test results, expert witness testimony and depositions. Your lawyer can help you in obtaining and interpreting this evidence, as well as representing you in the process of depositions.

It is important to keep in mind that only healthcare professionals can be sued for negligence. Doctors and nurses, unlike receptionists in medical facilities, are expected to adhere to current standards of medical care. Medical professionals must be able to anticipate consequences based on his or his education and expertise.

Damages

In medical malpractice cases courts will hear about financial damages to compensate the victim. These damages could include past and future medical bills, lost wages, disfigurement, pain and suffering, and loss of enjoyment of life. In some cases the punitive damages may be awarded; these are reserved for particularly egregious behavior that society is interested in preventing.

A medical malpractice case starts with the filing in court of an administrative summons. The parties then engage in discovery, which is a process where the plaintiffs and defendants disclose statements under oath. This may include requesting documents like medical records, taking depositions of parties involved in a lawsuit, and interviewing witnesses.

In a claim for medical malpractice, it is important to prove that the physician was legally bound to provide treatment and care to the patient. The second aspect to establish is that the doctor breached that duty by failing to follow the medical standard of care. The third factor is that the breach resulted in injury to the patient.

It is important to know that the statutes of limitations (the legally-imposed timeframe within which a lawsuit for medical malpractice must be filed) vary from state to state. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.