What Is a Medical Malpractice Claim?
A medical malpractice case is brought by an individual who is unhappy with the carelessness of a healthcare professional. The patient (or his or her estate should the patient die) must prove that the negligence resulted in injury or harm.
Legal actions claiming medical malpractice are usually filed in state trial courts. To prevail in a lawsuit the party seeking to be harmed must demonstrate four legal elements:
Duty of care
In any legal claim in any legal matter, the plaintiff must demonstrate that a third party or entity had a responsibility to them under a duty of care, and they failed to fulfill this obligation. In the case of medical malpractice, this involves a physician's duty to provide their patients with the appropriate standards of treatment. This is usually determined through expert testimony.
Expert witnesses help to determine the proper
medical malpractice attorneys standards and then demonstrate how a doctor deviated from the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that this deviation was directly responsible for the victim's injury.
Expert testimony is vital since jurors are often unfamiliar with anatomy and have watched a lot medical dramas. This is particularly relevant in medical malpractice cases as it can be difficult to establish a proper 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 other doctors with similar specialties possess in similar circumstances.
Generally, experts in medical malpractice claims are surgeons or physicians with similar training and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors not to be able to testify against one another), it isn't easy to find an expert with the right qualifications to defend a colleague against inadequate care.
Breach of duty
If a doctor commits an error which harms the patient, this is considered medical malpractice. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims can be complicated legal issues and regulations, making them difficult to prove. However, a skilled medical malpractice lawyer will review the facts of your case to determine if a doctor has violated his or her obligation to the patient.
Your attorney will establish a doctor-patient relationship between you and your doctor which is essential for any malpractice claim. Your attorney will review your physician's decisions and actions to determine the level of care in your state for doctors who have similar backgrounds, training and geographical location is satisfied.
Physicians are required by their patients to observe these standards without deviation or omission. If they violate this duty, it means that the doctor failed to meet those standards and resulted in harm to you.
Proving the breach of duty usually straightforward with the help of the research of your attorney and expert witnesses. Expert witnesses can testify to why the doctor's actions did or did not meet the standard of care and describe how a different medical professional in similar circumstances would have acted differently. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will scrutinize your medical records, test results, prescriptions and imaging scans to make an argument that proves the breach of duty by your doctor directly caused your injuries.
Causation
Medical mistakes can increase the risk of a wide range of treatments. To prove causality in a malpractice case,
medical malpractice lawyer an injured patient must demonstrate a direct link between the negligence alleged and their injury. In the majority of cases, expert testimony is required and the assistance from a
medical malpractice lawyer.
For instance, a mistake in diagnosing an illness or disease is a common error. If doctors fail to recognize cancer or another illness this could have serious consequences for the patient. In this case the patient may suffer inexpensive suffering and possibly even death. The doctor could have committed a mistake by not diagnosing the problem properly.
The process of proving that your doctor or hospital was negligent in their treatment of you can be a long and complicated process. The evidence needed could include various sources, including medical records and test results as in addition to expert witness testimony and oral 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 are liable for negligence. Nurses and doctors, as opposed to receptionists working in medical centers are expected to follow the current standards of treatment. This means that a medical professional should be able to foresee consequences in light of their expertise and education.
Damages
In medical malpractice lawsuits the courts are able to determine monetary damages intended to compensate the victim. These damages could include past and future medical bills as well as lost wages, pain and suffering, disfigurement, and loss of enjoyment of life. In some instances punitive damages could also be awarded; these are awarded to those who have committed particularly indecent conduct that society has an interest in deterring.
A medical malpractice case starts by filing in the court of an administrative summons. The parties then engage in discovery, which is a process that requires the plaintiff and defendants will make public statements under swearing. This could include requesting the exchange of documents like medical records, taking depositions from parties involved in the lawsuit and conducting interviews with witnesses.
One of the most important elements to establish in a medical malpractice case is that the doctor had the legal obligation of providing care and treatment to the patient. The other element to prove is that the doctor breached this duty by failing follow the medical standard of care. The third factor is that the breach caused harm to the patient.
It is important to remember that the statute of limitations (the legally prescribed period within which a medical negligence claim must be filed) differs from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date the date that the underlying cause of medical malpractice occurred.