What Is a Medical Malpractice Claim?
A medical malpractice case is brought by a patient who complains about the carelessness of a healthcare professional. The patient, or his or his or her estate in the case of a deceased patient must establish that the negligence caused injury or harm.
Medical malpractice lawsuits are usually filed in state trial courts. The patient who is affronted must prove four legal aspects to win a case:
Duty of care
To establish a legal claim, a plaintiff has to prove that he or she was legally obligated to perform a duty by another person or organization and that they did not fulfill the obligation. In medical malpractice cases this is the duty of doctors to provide the right standard of care to their patients. This is typically determined through expert testimony.
Expert witnesses help to determine the correct medical standards, and then show how a doctor deviated from the standards in their treatment of the patient. A medical malpractice lawyer for medical malpractice lawsuit a plaintiff must prove that the deviation was directly accountable for the injury of the victim.
Expert testimony is crucial, as jurors are often not knowledgeable about anatomy and have seen a variety of medical dramas. In the case of medical malpractice law firm malpractice this is crucial as it is often difficult to establish the standards of care. In a medical malpractice lawsuit the standard refers the level of competence and care quality, as well as level of care that other doctors in similar specialties possess in similar circumstances.
The majority of experts in medical malpractice claims are fellow surgeons or doctors who have the same qualifications and board certifications. It is often difficult to find an expert who is willing to testify regarding substandard treatment because of the “conspiracy” of silence among doctors.
Breach of duty
When a doctor commits an error that causes harm to the patient, this is considered medical malpractice. These errors can lead to new injuries or make existing ones worse. Medical malpractice claims are complicated laws and issues, making them difficult to prove. An experienced medical malpractice attorney will evaluate your case to determine if a physician has breached their duty to you.
Your attorney will establish a doctor-patient connection between you and your physician which is essential to prove a malpractice claim. Your attorney will also examine your doctor’s actions and decisions to determine whether they complied with what is referred to as the standard of care for doctors with similar training, experience and geographical location in your state.
Doctors are required to adhere to the standards established by their patients without omission or deviation. Breaching that duty means the doctor did not fulfill those standards and resulted in injury to you.
Proving that a breach of duty occurred is typically straightforward with the help of the research of your attorney and expert witnesses. 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 would have acted differently. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your attorney will look at your medical records tests, prescriptions, test results and imaging scans to build an argument that proves the breach of duty committed by your physician directly led to your injuries.
Causation
Medical errors can increase the dangers of a wide range of treatments. To prove the cause of malpractice in a claim an injured patient must prove a direct connection between the alleged negligence and their injury. In many cases, expert testimony is required, along with assistance of an attorney who specializes in medical malpractice.
For instance, misdiagnosing a condition or a serious illness is a common medical error. A doctor’s inability to recognize cancer or any other medical condition could have grave consequences for patients. In this case the patient could suffer excessive suffering, and even die. By failing to diagnose the condition correctly, the doctor medical Malpractice Lawsuit may have committed malpractice.
Proving that a medical professional or hospital did not treat you properly is a lengthy and difficult process. Evidence may come from a variety sources, such as medical records, test results, expert witness testimony and depositions. Your attorney can assist you find and interpret the evidence, as well as assist you during the deposition process.
It is also important to remember that only a healthcare professional can be sued for negligence. Nurses and doctors, in contrast to receptionists working in medical centers are expected to adhere to current standards of care. That means that medical professionals should be able to foresee consequences from their skills and education.
Damages
In medical malpractice cases, judges will hear about monetary compensations to pay compensation to injured patients. These damages may include past and future medical bills as well as lost wages, pain and suffering, disfigurement and loss of enjoyment of life. Punitive damages can be granted in certain cases. They are only awarded to the most egregious of actions that society would like to deter.
A medical malpractice case begins with the filing in the court of a civil summons. The parties then proceed to discovery. It is a process where the plaintiff and defendants make statements under oath. This can include requesting the exchange of documents such as medical records, deposing parties who are involved in the lawsuit, and conducting interviews with witnesses.
One of the first elements to prove in a medical malpractice case is that the doctor owed an obligation under law to provide medical treatment and care to the patient. The second aspect is that the doctor violated that obligation by not adhering to the standard of medical practice. The third factor is that the breach caused injury to the patient.
It is important to note that the statute of limitations (the legally-defined period within which a medical malpractice 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 which the underlying act of medical malpractice occurred.