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What Is a Medical Malpractice Claim?

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

In general, lawsuits alleging medical negligence are filed in state trial courts. The aggrieved patient must prove four legal elements in order to win the case:

Duty of care

In any legal case the plaintiff must prove that a person or entity had a legal obligation to care and failed to perform this duty. In the case of medical malpractice, it is the responsibility of doctors to provide the proper standard of care for their patients. Expert testimony is often used to establish this.

Expert witnesses help to determine the proper medical standards and then demonstrate how a doctor deviated from these standards in their treatment of the patient. A plaintiff’s attorney who is suing for medical malpractice must demonstrate that the deviation caused the victim’s injuries.

Expert testimony is crucial since jurors typically are not aware of anatomy and have watched many medical dramas. This is particularly important in medical malpractice cases as it can be difficult to establish a standard of care. In a medical malpractice case, the standard of care refers to the level of skill of the practitioner, the quality of treatment, and degree of diligence possessed by other doctors with similar specialties in similar circumstances.

In general, experts in medical malpractice claims are surgeons or fellow doctors with similar training and board certifications. It can be difficult to find an expert who is willing to testify against substandard medical care due to the “conspiracy” of silence among doctors.

Breach of duty

When a doctor commits an error that hurts the patient, this is medical malpractice. These errors can lead to new injuries or make existing ones worse. Medical malpractice cases are a complex set of issues and laws, making them difficult to prove. A good medical malpractice attorney will review your case to determine if a doctor has violated their obligation to you.

Your attorney will establish a doctor/patient relationship between you and your doctor which is essential for any malpractice claim. Your attorney will also analyze your physician’s actions and decisions to determine if they met what is referred to as the standard of care for doctors of similar training, experience and geographic location in your state.

Physicians have a duty to follow the standards set forth by their patients without deviation or omission. A breach of duty implies that the doctor did not meet your expectations and resulted in injury.

It is simple to establish an infraction of duty with the help of experts and your attorney’s investigation. Experts can testify that the doctor’s actions didn’t meet the standard of medical care and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your attorney will look at your medical records, test results, prescriptions and imaging scans to create an argument that the breach of duty by your doctor directly led to your injuries.

Causation

Medical errors can increase the risks of most treatments. In order to prove causality, the injured patient must demonstrate an unambiguous connection between the alleged negligence of the doctor and their injury. In many cases, this requires expert testimony and the assistance of a medical malpractice lawyer.

For example, not diagnosing a condition or a serious illness is a common medical error. If a doctor fails to recognize cancer or any other illness, can have serious consequences for patients. In this scenario, the patient may experience unnecessary suffering and even death. In failing to recognize the condition correctly the doctor could have committed a mistake.

Proving that your doctor, or hospital was negligent in the treatment you received can be a long and complicated process. The evidence needed may include numerous sources, including medical Malpractice lawyers records and test results, as and expert witness testimony and oral depositions. Your attorney can assist you obtain and interpret this evidence and also assist you during the deposition process.

It is crucial to remember that only healthcare professionals can be sued for negligence. Nurses and doctors, as opposed to receptionists working in medical centers are expected to follow the current standards of treatment. This means that medical professionals should be able to foresee consequences from their skills and education.

Damages

In medical malpractice cases, the judges will hear about monetary compensations that are meant to help injured patients. These types of damages can include future and past medical bills, lost wages, disfigurement, pain and suffering and loss of enjoyment of life. In some cases punitive damages can also be awarded. These are reserved for the most egregious behavior that society has an interest in deterring.

A medical malpractice claim typically begins with the filing of an civil summons and complaint in court. The parties then proceed to discovery. This is a process in which the defendant and plaintiff make statements under oath. This could include seeking medical records or other documents and depositions of the parties who are involved in a lawsuit and interviewing witnesses.

In a medical malpractice claim it is crucial to prove that the physician was legally obligated to provide medical treatment and care to the patient. The second part is that the doctor breached his obligation by failing to follow the medical standards of practice. The third element is that the breach caused harm to the patient.

It is important to note that the statute of limitations (the legally-defined time frame within which a medical negligence 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 on which the underlying act of medical malpractice took place.