Why Medical Malpractice Lawyers Could Be Greater Dangerous Than You Think

What Is a Medical Malpractice Claim?

A medical malpractice case involves a patient who complains of negligence by a healthcare worker. The patient, or or estate in the instance of a deceased patient, must show that the negligence caused injury or harm.

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

Duty of care

In any legal matter, the plaintiff has to show that another person or entity had a legal obligation to care, and they did not fulfill that duty. In medical malpractice attorneys malpractice cases it is a doctor's duty to provide their patients with a proper standards of care. Expert testimony is usually used to determine this.

Expert witnesses help to determine the proper medical standards and then prove that a physician violated these standards 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 injuries.

Using expert testimony is essential for jurors, since the majority of jurors do not have a good understanding of anatomy, and they watch a lot of medical dramas. This is especially important in medical malpractice claims as it can be difficult to establish a proper standard of care. In a medical malpractice lawsuit the standard refers to the level of expertise and care quality, as well as degree of diligence that other doctors in similar specialties have under similar circumstances.

Experts in medical malpractice cases are usually surgeons or physicians who have the same training and accreditation. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors to not admit to a case against each other) it is often difficult to find an expert who is qualified to defend a colleague against sub-standard care.

Breach of duty

When a doctor commits an error that harms the patient, this 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 complex laws and issues. However, a qualified medical malpractice lawyer will analyze the facts of your case to determine if a doctor violated his or her duty to the patient.

Your attorney will establish a doctor/patient relationship between you and your physician that is required to prove a malpractice claim. Your attorney will also look into your doctor's actions and decisions to determine if they met what is known as the standard of care for doctors of similar training, background and geographical location in your state.

Physicians owe a duty to their patients to adhere to these guidelines without deviation or omission. In breach of this duty, the doctor was not able to meet these standards and resulted in injury to you.

It is simple to prove an infraction of duty with the help of expert witnesses and your attorney's research. Those experts can testify as to how the doctor's actions did not meet the standards of medical care and describe how a different medical professional in similar circumstances might have acted differently. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your attorney will look at your medical records as well as test results, prescriptions and imaging scans to make an argument that proves the breach of duty of your physician directly caused your injuries.

Causation

Most treatments come with some degree of risk, but medical errors can exacerbate those risks. To prove causality, the injured patient must establish a direct connection between the alleged negligence of a doctor and the injury. In many instances this requires expert testimony and the help of a medical malpractice lawyer.

Medical errors can be errors in diagnosis, such as misdiagnosing serious diseases or conditions. The failure of a doctor to recognize cancer or any other medical condition can have severe consequences for patients. In this case the patient could experience unneeded suffering, or even death. In failing to recognize the condition correctly the doctor could have committed a malpractice.

Proving that a doctor or hospital has treated you in a negligent manner isn't easy and takes a lot of time. Evidence can come from a variety sources, such as medical records or test results, expert witness testimony and depositions. Your attorney can assist with obtaining and interpreting this evidence, as as representing you in the process of depositions.

It is vital to understand that only healthcare professionals are liable for negligence. Contrary to receptionists at medical facilities nurses and doctors are expected to act in accordance with prevailing standards of care. That means that medical professionals should be able of predicting the outcomes in light of their expertise and education.

Damages

In medical malpractice claims the courts are able to determine monetary damages that are designed to compensate the patient who was injured. These damages could include future and past medical bills loss of wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. Punitive damages can be granted in certain cases. These are reserved for those who commit crimes that society wishes to discourage.

A medical malpractice case typically starts with the filing of an civil summons and complaint in court. The parties will follow up with discovery. It is a process in which the defendant and plaintiff make statements under oath. 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 primary elements to prove in a medical malpractice case is that the physician had the legal obligation of providing healthcare and treatment to the patient. The second thing to prove is that the doctor violated that duty by failing to follow 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 prescribed time period within which a lawsuit for medical malpractice has to be filed) vary from state states. In New York, the statute of limitations is two years and six months (30 months) from the date which the act that led to medical malpractice occurred.