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What Is a Medical Malpractice Claim?

A medical malpractice case involves a patient who complains of negligence by a healthcare worker. The patient (or his or her estate if the patient has passed away) must prove that the negligence caused injury or harm.

Legal actions claiming medical malpractice are generally filed in state trial courts. To win a lawsuit, the party who is claiming damages must demonstrate four legal elements:

Duty of care

To prove a legal claim, a plaintiff has to demonstrate that they was obliged to perform a task by another person or organization and that they failed to meet the obligation. In the case of medical malpractice it is a doctor's obligation to provide their patients with the proper standards of care. This is usually determined through expert testimony.

Expert witnesses help to determine the proper medical standards and then explain how a doctor violated these standards in their treatment of the patient. A plaintiff's attorney for medical malpractice must prove that this deviation caused the victim's injuries.

Expert testimony is vital, as jurors are often not familiar with anatomy and have seen a lot of medical dramas. In Medical Malpractice Lawyers malpractice claims this is crucial as it is often difficult to establish the standard of care. In a medical malpractice claim, the standard refers to the level of skill quality of care, as well as the level of care that other physicians in similar specialties can demonstrate under similar circumstances.

In general, experts in medical malpractice cases are surgeons or Medical malpractice lawyers fellow doctors who have the same qualifications and board certifications. It is often difficult to locate an expert willing to testify about poor treatment because of the "conspiracy" of silence among doctors.

Breach of duty

When a doctor commits an error that hurts the patient, it is considered medical malpractice. The mistakes could cause new injuries or make preexisting ones worse. Medical malpractice claims are challenging to prove due to complicated laws and issues. However, a qualified medical malpractice lawyer will look into the facts of your case to determine if a doctor has violated his or her duty to the patient.

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

Physicians have a duty to respect the standards that their patients have set without deviation or omission. If they violate this duty, it means that the doctor was not able to meet the expectations of his patients and resulted in injury to you.

It is easy to prove an infraction of duty with the assistance of expert witnesses and your attorney's research. Experts can testify that the doctor's actions did not meet the standard of medical treatment and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your attorney will scrutinize your medical records, test and prescription results, imaging scans, and prescriptions to make solid evidence that the breach of duty committed by your doctor directly caused your injuries.

Causation

The majority of treatments carry a degree of risk, however medical errors can increase those risks. In order to prove causation, the patient must prove an immediate connection between the alleged negligence of the doctor and the injury. In many instances, this requires expert testimony and the help of a lawyer for medical malpractice.

For example, not diagnosing a condition or a serious illness is a common medical error. A doctor's inability to recognize cancer or any other illness may have serious implications for a patient. In this case the patient could experience unneeded suffering, or even death. The doctor may have committed a mistake by not diagnosing the issue properly.

Proving that your doctor, or hospital was negligent in their treatment of you can be complicated and time-consuming. Evidence may come from a range of sources, such as medical records or test results, expert witness testimony and depositions. Your attorney can assist you in obtaining and understanding the evidence, as well being your advocate during the process of depositions.

It is important to keep in mind that only a healthcare professional can be sued for medical malpractice lawyers misconduct. As opposed to receptionists in medical facilities, doctors and nurses are expected to act in accordance to the standard of care. This means that a medical professional should be able to foresee consequences from their skills and knowledge.

Damages

In medical malpractice claims courts will hear about financial damages to compensate the injured person. These damages could include past or future medical bills and lost wages as well as pain and discomfort, disfigurement, or loss of enjoyment of living. Punitive damages may be granted in certain cases. These are reserved for criminal acts that society is trying to discourage.

A medical malpractice case begins with the filing in the court of a civil summons. The parties then engage in discovery, a process that requires the plaintiff and defendants disclose statements under swearing. This can include requesting the exchange of documents like medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

In a medical malpractice claim it is essential to establish that the doctor was legally obligated to provide treatment and medical care to the patient. The second aspect to prove is that the doctor violated the duty by failing to adhere to the medical standard of care. The third factor is that the breach caused harm to the patient.

It is vital to note that the statute of limitations (the legally prescribed period within which a medical malpractice attorney negligence claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six months (30 months) after the date of the medical malpractice.