15 Medical Malpractice Lawyers Benefits That Everyone Should Know

What Is a Medical Malpractice Claim?

A medical negligence claim involves a patient who complains of the negligence of a healthcare professional. The patient (or the estate of the patient in the event of death) must prove that the negligence caused injury or harm.

Legal actions claiming medical malpractice are generally filed in state trial courts. To win a lawsuit, the party seeking to be harmed must demonstrate four legal elements:

Duty of care

In order to prove a legal claim, a plaintiff needs to demonstrate that he/she was legally obligated to perform a duty by another person or organization and that they did not fulfill it. In medical malpractice cases, it is the obligation of a doctor to provide the proper standard of care to their patients. This is typically determined through expert testimony.

Expert witnesses can help determine the proper standards for medicine and then show how a physician has strayed from these guidelines when treating the patient. A plaintiff's medical malpractice attorney must prove that the error was directly accountable for the injury of the victim.

Expert testimony is crucial because jurors are usually unfamiliar with anatomy and have watched a number of medical dramas. In medical malpractice claims, this is particularly important as it is often difficult to establish the appropriate standard of care. In a case of medical malpractice the standard is the level of skill, quality of care and degree of diligence that other physicians in similar specialties have under similar circumstances.

Experts in medical malpractice cases are typically surgeons or doctors who have similar training and certification. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors not to be able to testify against one another), it is often difficult to find a qualified expert willing to defend a colleague against sub-standard care.

Breach of duty

If a doctor commits an error that hurts the patient, this is considered medical malpractice. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims are challenging to prove due to complex laws and issues. A good medical malpractice attorney will review your case to determine whether a doctor has violated their obligation to you.

Your attorney will determine if there was a doctor-patient relationship between you and your physician, which is a requirement in any malpractice claim. Your attorney will also analyze the actions and decisions of your physician to determine if they complied with what is known as the standard of care for doctors of similar backgrounds, training and geographical location in your state.

Doctors owe it to their patients to adhere to these standards without omission or deviation. If they violate this duty, it means that the doctor failed to meet the expectations of his patients and resulted in harm to you.

Proving the breach of duty is typically straightforward with the help of your attorney's research and expert witnesses. Those experts can testify as to why the doctor's actions do not meet the standards of medical care and describe how a different medical professional in similar circumstances would have performed differently. Your lawyer must also connect the breach of duty with your injuries and damages. Your lawyer will review your medical records, test and prescription results, imaging scans, and prescriptions in order to build an argument that proves the breach of duty by your doctor directly caused your injuries.

Causation

Medical errors can increase the risks of a wide range of treatments. To prove causation, an injured patient must demonstrate a direct connection between the alleged negligence of a doctor and their injury. In many cases, expert witness is required, along with assistance from a medical malpractice attorney.

For instance, a mistake in diagnosing a condition or a serious illness is a frequent medical error. If the doctor fails to identify cancer or other conditions the result could have devastating consequences for the patient. In this case the patient could experience excessive suffering, medical Malpractice attorney and even die. By failing to diagnose the problem correctly the doctor could have committed a mistake.

Proving that a doctor or hospital did not treat you properly can be a long and tedious process. Evidence could come from a range of sources, such as medical records tests, medical records, expert witness testimony and depositions. Your attorney can assist you gather and interpret this evidence, and also represent you during the deposition process.

It is important to know that only healthcare professionals can be sued for malpractice. Unlike receptionists at medical centers nurses and doctors must act in accordance to the standard of care. A medical professional should be able to predict outcomes based on his education and expertise.

Damages

In medical malpractice cases, the courts will hear about monetary compensations designed to compensate injured patients. These damages can include future or past medical bills, loss of wages as well as pain and discomfort, disfigurement or loss of enjoyment living. Punitive damages may be awarded in some cases. They are reserved for the most egregious of actions that society would like to deter.

A medical malpractice case usually starts with the filing of an civil summons and complaint in the court. The parties then proceed to discovery. This is a procedure in which the defendant and plaintiff take oaths to make statements. This could involve the request of medical records, for instance taking depositions of those involved in a lawsuit as well as interviewing witnesses.

In a medical malpractice claim it is essential to prove that the doctor was legally bound to provide care and treatment to the patient. The second is that the doctor breached his obligation by failing to follow the medical standards of practice. The third aspect is that the breach resulted in 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, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.