Why Medical Malpractice Lawyers Is Your Next Big Obsession

What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by the patient who complains about the negligence of a healthcare worker. The patient (or his or her estate should the patient die) must show that the negligence caused injury or harm.

Medical malpractice lawsuits are typically filed in state trial courts. The aggrieved patient must prove four legal elements to win the case:

Duty of care

To prove a legal claim, a plaintiff has 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 the case of medical malpractice, this involves a physician's duty to provide their patients with the appropriate standard of care. This is typically determined through expert testimony.

Expert witnesses can help determine appropriate standards of medicine and then explain how a doctor departed from these standards in treating patients. A lawyer for a plaintiff's claim for medical malpractice must show that the deviance caused the victim's injuries.

Expert testimony is vital because jurors are usually not familiar with anatomy and have seen a lot of medical dramas. In medical malpractice claims this is especially important because it can be difficult to establish the standards of care. In a medical malpractice lawsuit, the standard refers to the level of competence in the field, the quality of care provided and the level of diligence that other doctors with similar specialties in similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians who have a similar education and certification. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers use to describe the tendency of doctors to not speak against one another), it can be difficult to locate an expert who is qualified to defend a colleague against poor care.

Breach of duty

When a doctor commits an error that hurts the patient, this is considered medical malpractice. These mistakes can cause new injuries or make existing ones worse. Medical malpractice claims are challenging to prove since they are based on complex laws and issues. A reputable medical malpractice lawyer will investigate your case to determine if a physician has violated their obligation to you.

Your attorney will establish a doctor-patient relation between you and your physician which is required for any malpractice claim. Your attorney will also review your physician's actions and decisions to determine whether they complied with what is referred to as the standard of care for doctors of similar training, background and geographical location within your state.

Physicians have a duty to follow the standards set forth by their patients without deviation or omission. Breaching that duty means the doctor failed to meet the expectations of his patients and caused harm to you.

Proving a breach of duty is generally straightforward with the aid of your attorney's research and expert witnesses. Experts can testify the doctor's actions were not in accordance with the standard of medical treatment and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also tie 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 by your doctor directly led to your injuries.

Causation

The majority of treatments carry a degree of risk, but medical errors can increase the dangers. To prove causality, a patient who has suffered an injury must establish that there is a direct link between the alleged negligence of the doctor and their injuries. In many cases this will require expert testimony and the assistance of a medical malpractice lawyer.

For instance, misdiagnosing a condition or a serious illness is a common medical error. If the doctor fails to identify cancer or other conditions this could have serious consequences for the patient. In this case the patient could experience unnecessary pain and even die. In the absence of diagnosing the condition 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 variety of sources, including medical records or test results, expert witness testimony and depositions. An attorney can help you find and interpret the evidence, as well as assist you during the deposition process.

It is crucial to remember that only healthcare professionals can be sued for negligence. Nurses and doctors, in contrast to receptionists working in medical centers are expected to adhere to current standards of medical care. Medical professionals must be able of predicting the consequences of his or her education and skills.

Damages

In medical malpractice cases, the judges will hear about monetary compensations to help injured patients. These types of damages can include future and past medical bills, lost wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. In certain cases punitive damages can also be awarded; these are awarded to those who have committed particularly indecent behavior that society has an interest in stopping.

A medical malpractice claim typically begins with filing a civil summons as well as a complaint in the court. Then, the parties engage in discovery, a procedure where the plaintiffs and defendants will make public statements under oath. This could involve requesting the exchange of documents like medical records, taking depositions from those involved in the lawsuit and conducting interviews with witnesses.

One of the most important elements to prove in a medical malpractice lawsuit malpractice case is that the physician had a legal duty to provide medical treatment and care to the patient. The second element to prove is that the doctor did not fulfill this duty by failing adhere to the medical standard of care. The third element is that the breach resulted in harm to the patient.

It is important to know that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice must be filed) differ 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.