What Is a Medical Malpractice Claim?

A medical malpractice case involves a patient complaining about the negligence of a healthcare professional. The patient, or or his or her estate in the case of a deceased patient must prove that the negligence caused injury or harm.

In general, lawsuits that claim medical negligence are filed in the state trial court. The patient who is suffering from the injury must prove four legal elements to prevail in a case:

Duty of care

In order to prove a legal claim, a plaintiff must prove that he or she was obliged to perform a task by a third party and that they did not fulfill it. In medical malpractice cases this is the physician's duty to provide their patients with the proper standard of care. This is usually determined through expert testimony.

Expert witnesses can help determine the proper standards for medical practice and then demonstrate how a doctor has deviated from these guidelines when treating a patient. A medical malpractice lawyer for a plaintiff must then prove that the error was directly at fault for the injury suffered by the victim.

Expert testimony is crucial, as jurors are often unfamiliar with anatomy and seen a variety of medical dramas. In the case of medical malpractice, this is particularly important as it is often difficult to establish the standards of care. In the context of a medical malpractice compensation malpractice case the standard of care refers to the skill level of the practitioner, the quality of treatment, and the level of diligence displayed by other physicians in similar specialties in similar situations.

Experts in medical malpractice cases are usually surgeons or physicians who have the same training and medical Malpractice lawyer certification. Due to the "conspiracy of silence" among many doctors (a term lawyers use to describe the tendency of doctors to not testify against each other), it can be difficult to locate an expert who is qualified to provide evidence against a colleague in relation to sub-standard care.

Breach of duty

Medical malpractice occurs when a physician is negligent and hurts the patient. These errors can cause new injuries or worsen existing ones. Medical malpractice claims can be difficult to prove since they are based on complex laws and issues. However, a good medical malpractice lawyer will review the circumstances of your case and determine whether a doctor breached his or her duty to the patient.

Your attorney will establish a doctor-patient relationship between you and your doctor which is required for any malpractice claim. Your attorney will look into the decisions and actions of your physician to determine whether the standard of care in your state for doctors who have similar backgrounds, training, and geographic location is met.

Physicians have a responsibility to their patients to abide by these standards without omission or deviation. Breaching that duty means the doctor did not meet those standards and caused injury to you.

It is easy to prove that there was a breach of duty with the assistance of experts and your attorney's research. Expert witnesses can testify to the reasons why the doctor's actions didn't meet the standards of care and also explain why a different medical professional in similar circumstances might have different actions. Your lawyer must also connect 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 solid evidence that the breach of duty by the doctor directly contributed to your injuries.

Causation

The majority of treatments carry a degree of risk, however medical errors can increase the dangers. To prove the causation of a malpractice claim the injured person must establish a direct connection between the negligence alleged and the injury. In many cases, expert testimony is required as well as assistance of a medical malpractice attorney.

For example, not diagnosing an illness or disease is a common error. The failure of a doctor to recognize cancer or other conditions, can have serious consequences for a patient. In this instance, the patient could suffer unnecessarily pain and may even end up dying. In the absence of diagnosing the problem correctly the doctor could have committed a mistake.

The process of proving that your doctor or hospital was negligent in their treatment of you can be a long and complicated process. Evidence could come from a variety sources, such as medical records, test results, expert witness testimony and depositions. Your lawyer can assist you locate and interpret this evidence and also assist you during the deposition process.

It is vital to understand that only healthcare professionals can be sued for negligence. Doctors and nurses, unlike receptionists in medical facilities, are expected to adhere to current standards of care. That means that medical professionals should be able to predict the effects from their skills and knowledge.

Damages

In medical malpractice law malpractice claims the courts are able to determine monetary damages intended to compensate the injured patient. These types of damages can include past and future medical malpractice litigation bills as well as lost wages, disfigurement and pain, and loss of enjoyment of life. In some instances the punitive damages may be awarded; these are reserved for the most egregious behavior that society is interested in stopping.

A medical malpractice case starts by filing in the court of an administrative summons. Then, the parties will engage in discovery, which is a process through which the plaintiff and defendants make statements under oath. This can include asking for medical records taking depositions of those involved in a lawsuit as well as interviewing witnesses.

In a case of medical malpractice, it is important to prove that the doctor was legally bound to provide treatment and medical care to the patient. The other element to prove is that the doctor acted in breach of that duty by failing to adhere to the medical standard of care. The third factor is whether the breach resulted in harm to the patient.

It is crucial to remember that the statute of limitations (the legally-defined 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 when the underlying incident of medical malpractice took place.