What Is a Medical Malpractice Claim?

A medical malpractice claim involves a patient complaining about negligence by a healthcare worker. The patient (or his or her estate if the patient has passed away) must show that the negligence resulted in injury or harm.

In general, lawsuits that claim medical negligence are filed in the state trial court. To prevail in a lawsuit, the party who is claiming damages must prove four elements of law:

Duty of care

In any legal action, the plaintiff has to demonstrate that an individual or entity owed them a duty of care, and they failed to fulfill this obligation. In medical malpractice cases, it is the duty of doctors to provide the highest quality of care to their patients. Expert testimony is typically used to establish this.

Expert witnesses can assist in determining proper standards for medical treatment and then reveal how a doctor departed from these standards when treating patients. A plaintiff's medical malpractice attorney must then show that this deviation was directly responsible for the victim's injury.

Expert testimony is vital, as most jurors have only a basic understanding of anatomy and watch a lot of medical dramas. In medical malpractice claims it is crucial because it is often difficult to establish the standard of care. In the context of a medical malpractice claim, the standard of care refers to the level of skill in the treatment, its quality and degree of diligence possessed by other physicians in similar specialties in similar situations.

Generally, experts in medical malpractice cases are fellow surgeons or doctors who have the same training and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers use to describe the tendency of doctors not to testify against each other) it can be difficult to locate an expert with the right qualifications to be a witness against a colleague for sub-standard care.

Breach of duty

When a doctor commits an error that hurts the patient, it is considered medical malpractice. These errors can cause new injuries or worsen existing ones. Medical malpractice claims can be difficult to prove since they are based on complicated laws and concerns. A good medical malpractice attorney will investigate your case to determine if the doctor has breached their duty to you.

Your attorney will establish a doctor/patient relationship between you and your doctor, which is necessary for any malpractice claim. Your attorney will look into your physician's decisions and actions to determine if the standard of care in your state for doctors with similar training, backgrounds and geographical location is satisfied.

Doctors owe it to their patients to adhere to these guidelines without deviation or omission. A breach of that duty means that the doctor was not able to meet those expectations and that failure resulted in injury to you.

It is easy to prove that there was a breach of duty with the help of expert witnesses and your attorney's investigation. Expert witnesses can testify to why the doctor's actions didn't meet the standards of richland medical malpractice law firm care and then explain how a medical professional in similar circumstances would have behaved differently. Your lawyer must also connect the breach of duty with your injuries and damages. Your lawyer will scrutinize your medical records tests, prescriptions, test results and imaging scans to make a solid case that your physician's breach of duty directly resulted in your injuries.

Causation

Medical errors can increase the dangers of most treatments. To prove causality in a malpractice case, an injured patient must prove a direct connection between the alleged negligence and their injuries. In many cases, expert testimony is required as well as assistance of a medical malpractice attorney.

Medical errors can include the misdiagnosis of serious illnesses or conditions. If a doctor medical malpractice attorney fails to recognize cancer or any other illness, can have serious consequences for a patient. In this case the patient could experience unnecessarily pain and may even end up dying. The doctor may have committed malpractice by not properly diagnosing the condition.

Proving that your doctor, or hospital was negligent in treating you is a lengthy and difficult process. Evidence could come from number of sources, including medical records or test results, expert witness testimony and depositions. Your attorney can assist you obtain and interpret the evidence, and also represent you during the deposition process.

It is crucial to remember that only healthcare professionals are liable for negligence. In contrast to receptionists in medical centers nurses and doctors are expected to act in accordance with the current standards of care. Medical professionals should be able to predict consequences based on his or their education and experience.

Damages

In medical malpractice cases, the judges will hear about monetary settlements intended to help injured patients. The damages may include future or past medical bills and lost wages, pain and discomfort, disfigurement or loss of enjoyment of living. In some cases, punitive damages are awarded in certain circumstances. They are reserved for criminal acts that society is trying to deter.

A medical malpractice lawsuit begins by filing in court of an administrative summons. The parties then engage in discovery, which is a process that requires the plaintiff and defendants disclose statements under an oath. This may include the exchange of documents such as medical records, deposing 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 doctor had a legal duty to provide medical treatment and care to the patient. The second element to prove is that the doctor acted in breach of this duty by failing follow the medical standard of care. The third element is whether the breach resulted in injury to the patient.

It is vital to be aware that the statutes of limitations (the legally-imposed timeframe within which a lawsuit for medical malpractice lawyer malpractice has to 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 on which the underlying act of medical malpractice occurred.