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What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by patients who complain about the negligence of 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.

Lawsuits alleging medical malpractice are generally filed in state trial courts. To prevail in a lawsuit, the aggrieved party must prove four elements of law:

Duty of care

To establish a legal claim, a plaintiff has to demonstrate that he/she was in the position of being owed a duty by a third party and that they failed to meet the obligation. In medical malpractice cases this is the physician's obligation to provide their patients with the right standards of treatment. This is usually determined by expert testimony.

Expert witnesses can assist in determining the proper standards for medicine and then explain how a doctor has deviated from these guidelines when treating a patient. A plaintiff's medical malpractice attorney must then prove that this error was directly at fault for the injury suffered by the victim.

Using expert testimony is essential since jurors typically do not have a good understanding of anatomy and watch numerous medical dramas. In medical malpractice claims this is especially important since it can be difficult to establish the appropriate standard of care. In a medical malpractice case, the standard of care refers to the degree of skill as well as the quality of treatment and degree of diligence possessed by other physicians in similar specialties in similar situations.

Typically, experts in medical malpractice cases are fellow surgeons or doctors who have the same training and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors to not be able to testify against one another) it can be difficult to locate a qualified expert willing to provide evidence against a colleague in relation to poor care.

Breach of duty

Medical malpractice occurs when a physician makes a mistake that hurts the patient. These errors can cause new injuries or even worsen existing ones. Medical malpractice claims involve complex issues and laws, making them difficult to prove. However, a good medical malpractice lawyer will examine the facts 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 physician that is required to prove a malpractice claim. Your attorney will also analyze the actions and decisions of your physician to determine whether they complied with what is known as the standard of care for doctors of similar training, experience and geographical location within your state.

Physicians must respect the standards established by their patients without omission or deviation. A breach of duty means that the doctor didn't meet your expectations and caused injury to you.

It is simple to prove that there was a breach of duty with the assistance of expert witnesses and your attorney's investigation. Those experts can testify as to how the doctor's actions do not meet the standards of care and also explain why a different medical professional in similar circumstances might have different actions. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will examine your medical records, test and prescription results, imaging scans and prescriptions to create solid evidence that the breach of duty committed by your doctor directly led to your injuries.

Causation

The majority of treatments carry a level of risk, but medical errors can exacerbate those dangers. To prove the causality, a patient who has suffered an injury must establish that there is a direct link between the negligence of the medical professional and their injury. In many cases this will require expert testimony and the help of a medical malpractice lawyer.

Medical errors can be errors in diagnosis, such as misdiagnosing serious ailments or illnesses. The failure of a doctor to recognize cancer or any other medical condition could have grave consequences for the patient. In this situation the patient could experience unnecessary suffering and even death. If the doctor failed to diagnose the condition correctly the doctor could have committed a lapse of judgment.

Proving that your doctor, or hospital was negligent in their treatment of you can be complicated and time-consuming. Evidence may come from a variety sources, such as medical records tests, medical records, expert witness testimony and depositions. Your lawyer can assist you with obtaining and interpreting this evidence, as being your advocate during the process of depositions.

It is important to keep in mind that only healthcare professionals can be sued for malpractice. In contrast to receptionists in medical centers nurses and doctors are expected to behave in accordance with prevailing standards of care. That means that medical professionals should be able to predict the effects in light of their expertise and education.

Damages

In medical malpractice cases the courts are able to determine monetary damages intended to compensate the patient who was injured. These types of damages can include future and past medical bills and lost wages, as well as disfigurement and pain, and loss of enjoyment of life. Punitive damages can be granted in certain cases. They are only awarded to those who commit crimes that society wishes to discourage.

A medical malpractice lawsuit typically begins with filing a civil summons or complaint in the court. The parties then engage in discovery, a procedure through which the plaintiff and defendants disclose statements under oath. This can include asking for medical records taking depositions of those involved in a lawsuit, and interviewing witnesses.

One of the first elements to prove in a medical malpractice case is that the doctor was under an obligation under law to provide medical treatment and care to the patient. The second aspect 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 vital to be aware that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice must be filed) vary from state the 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.