What Is a Medical Malpractice Claim?
A medical malpractice claim is filed by a patient who complains about the negligence of a healthcare worker. The patient (or his or her estate if the patient has passed away) must prove that the negligence resulted in injury or harm.
In general, lawsuits claiming medical negligence are filed in the state trial court. The aggrieved patient must prove four legal elements to win the case:
Duty of care
In any legal claim in any legal matter, the plaintiff must demonstrate that an individual or entity had a legal obligation to care, and they failed to fulfill this duty. In medical malpractice cases, it is the duty of a doctor to provide the highest standard of care to their patients. This is typically determined through expert testimony.
Expert witnesses assist in determining the appropriate medical standards and then show how a doctor was not following the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that this error was directly responsible for the victim's injury.
Using expert testimony is essential since jurors typically are not aware of anatomy, and they watch several medical dramas. This is especially relevant in medical malpractice claims as it can be difficult to establish a standard of care. In a medical malpractice lawsuit the standard refers to the level of expertise and care quality, as well as level of diligence that other doctors with similar specialties can demonstrate under similar circumstances.
Experts in medical malpractice cases are usually surgeons or doctors who have similar training and accreditation. It can be difficult to find an expert willing to testify regarding substandard medical treatment due to the "conspiracy" of silence among doctors.
Breach of duty
When a doctor makes an error which harms the patient, it is considered
medical malpractice lawyers malpractice. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice cases are a complex set of laws and issues, making them difficult to prove. A good
medical malpractice attorney will examine your case to determine if a physician has breached their duty to you.
Your attorney will prove that there was a doctor-patient relationship between you and your physician, which is necessary in any malpractice claim. Your attorney will also review your physician's actions and decisions to determine if they complied with what is referred to as the standard of care for doctors with similar training, background and geographical location within your state.
Physicians have a responsibility to their patients to observe these standards without omission or deviation. A breach of that duty means that the doctor did not fulfill these standards and resulted in harm to you.
It is simple to establish that there was a breach of duty with the assistance of experts and your attorney's research. Experts can prove that the doctor's actions weren't in line with the standard of medical care and provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will review your medical records, test and prescription results, imaging scans, and prescriptions in order to build solid evidence that the breach of duty committed by the doctor directly contributed to your injuries.
Causation
Medical errors can increase the risks of a wide range of treatments. To prove causation in a malpractice claim the patient who has been injured must establish a direct connection between the negligence alleged and their injury. In many cases, expert testimony is required, along with assistance of a
medical malpractice attorney.
For instance, a mistake in diagnosing an illness or illness is a common medical error. If a doctor fails to recognize cancer or other conditions can have severe consequences for the patient. In this scenario the patient may suffer excessive suffering, and even die. In the absence of diagnosing the condition properly, the doctor may have committed malpractice.
Finding out if your doctor or hospital did not treat you properly can be a long and complicated process. The evidence needed may include various sources, including medical reports and test results as along with expert witness testimony and oral depositions. Your attorney can assist in obtaining and interpreting the evidence as well as representing you in the process of depositions.
It is also important to remember that only a healthcare professional is liable for malpractice. Unlike receptionists at medical centers nurses and doctors are expected to behave in accordance with the current standards of care. A medical professional should be able to anticipate the outcome based on their education and experience.
Damages
In medical malpractice cases, the courts will hear about monetary compensations that are meant to pay compensation to injured patients. These damages may include future and past medical bills and lost wages, as well as pain and suffering, disfigurement, and loss of enjoyment of life. Punitive damages may be awarded in certain circumstances. These are awarded only to egregious acts that society wants to deter.
A medical malpractice lawsuit begins by filing in the court of an administrative summons. The parties then proceed to discovery. This is a procedure that requires both parties to take oaths to make statements. This may include the exchange of documents such as 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 case is that the physician had the legal obligation of providing medical treatment and care to the patient. The second part is that the doctor breached his duty by not adhering to the medical standard of practice. The third element is whether the breach caused injury to the patient.
It is crucial to understand that the statutes of limitations (the legally-imposed timeframe within which a lawsuit for medical malpractice must be filed) differ from state to the state. In New York, the statute of limitations is two years and six months (30 months) from the date when the underlying incident of medical malpractice occurred.