Why All The Fuss About Medical Malpractice Lawyers

What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by the patient who complains about the carelessness of a healthcare professional. The patient (or his or her estate should the patient die) must show that the negligence resulted in injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. In order to win a lawsuit the party who is claiming damages must prove four elements of law:

Duty of care

To establish a legal claim, a plaintiff has to show that he or she was obliged to perform a task by another person or organization and that they failed to meet it. In medical malpractice cases, it is the duty of doctors to provide the highest standard of care for their patients. This is typically determined through expert testimony.

Expert witnesses can help determine the appropriate medical standards. They then show how a doctor was not following these standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that this error was directly accountable for the injury of the victim.

Expert testimony is vital because jurors are usually not knowledgeable about anatomy and have watched a lot 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 expertise and care quality, as well as level of diligence that other physicians in similar specialties in similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have a similar education and accreditation. It is often difficult to find an expert willing to testify about substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a doctor is negligent and hurts the patient. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice claims can be complicated laws and issues, making them difficult to prove. However, a good medical malpractice lawyer will examine the circumstances of your case and determine if the doctor has breached his or her obligation to the patient.

Your attorney will prove that there was a doctor-patient relationship between you and your physician, which is a requirement in any malpractice claim. Your attorney will examine your physician's decisions and actions to determine the level of care in your state for doctors with similar backgrounds, training, and geographic location is satisfied.

Physicians have a responsibility to their patients to adhere to these standards, without deviation or omission. Breaching that duty means the doctor failed to meet these standards and caused injury to you.

Proving a breach of duty is usually straightforward with the help of the research of your attorney and expert witnesses. Expert witnesses can testify to the reasons why the doctor's actions did not meet the standard of care and then explain how a medical professional in similar circumstances would have behaved differently. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your attorney will look at your medical records as well as test results, prescriptions and imaging scans to make an argument that the breach of duty committed by your physician directly led to your injuries.

Causation

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

For example, misdiagnosing a condition or a serious illness is a common medical error. A doctor's inability to recognize cancer, or any other condition, can have serious consequences for patients. In this case the patient may suffer unnecessarily pain and may even end up dying. If the doctor failed to diagnose the condition correctly, the doctor may have committed a mistake.

Proving that a medical professional or hospital treated you negligently can be a long and tedious process. The evidence needed may include many sources, including medical reports and test results, as in addition to expert testimony from witnesses and oral depositions. Your lawyer can assist you obtain and interpret the evidence as well as represent you during the deposition process.

It is vital to understand that only healthcare professionals are liable for negligence. Doctors and nurses, 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 lawsuits the courts consider monetary damages to compensate the victim. These damages could include past and future medical bills loss of wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. In some cases the punitive damages may be awarded. These are reserved for particularly serious behaviour that society has an interest in stopping.

A medical malpractice case starts by filing in the court of an administrative summons. The parties then engage in discovery, a process through which the plaintiff and defendants will make public statements under swearing. This may include the exchange of documents such as medical records, taking depositions from those who are involved in the lawsuit, and conducting interviews with witnesses.

One of the most important elements to prove in a medical malpractice case is that the doctor had the legal obligation to provide care and treatment to the patient. The second aspect is that the doctor breached his duty by failing to adhere the medical standard of practice. The third factor is whether the breach caused injury to the patient.

It is crucial to understand that the statutes of limitations (the legally-defined time period within which an action for medical malpractice has to be filed) vary from state to state. In New York, there is a statute of limitations of two years and six month (30 months) after the date of the medical malpractice.