What Is a Medical Malpractice Claim?
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medical malpractice claim is brought by a patient who complains about the negligence of a healthcare worker. The patient, or or his or her estate in the case of a deceased patient must show 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 elements in order to win a case:
Duty of care
In any legal action, the plaintiff needs to show that another person or entity had a responsibility to them under a duty of care and did not fulfill that obligation. In the case of medical malpractice it is a physician's duty to provide their patients with the right standard of treatment. Expert testimony is typically used to determine 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 medical malpractice attorney must then show that this error was directly at fault for the injury suffered by the victim.
Expert testimony is crucial because jurors are usually unfamiliar with anatomy and have watched a number of medical dramas. In medical malpractice claims this is especially important as it is often difficult to establish the appropriate standard of care. In a medical malpractice lawsuit, the standard refers to the level of competence, quality of care and degree of diligence that other doctors with similar specialties possess in similar circumstances.
Generally, experts in medical malpractice claims are fellow surgeons or doctors who have the same training and board certifications. It can be difficult to locate an expert willing to testify regarding substandard medical treatment due to the "conspiracy" of silence among doctors.
Breach of duty
Medical malpractice occurs when a physician makes a mistake that hurts the patient. These mistakes can lead to new injuries, or worsen existing ones. Medical malpractice claims involve complex issues and laws, which makes them difficult to prove. However, a good medical malpractice lawyer will review the facts of your case and determine whether a doctor breached his or her duty to the patient.
Your attorney will establish that the relationship was between a doctor and patient you and
medical malpractice lawsuits your physician which is a requirement in any malpractice claim. Your attorney will also analyze the actions and decisions of your physician to determine if they complied with what is known as the standard of care for doctors of similar education, background and geographical location within your state.
Physicians have a duty to adhere to the standards set forth by their patients without omission or deviation. A breach of duty means that the doctor didn't meet your expectations and this failure resulted in injury.
It is simple to establish a breach of duties by using experts and your attorney's investigation. Experts can prove that the doctor's actions were not in accordance with the standards of medical care and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records and test results, prescriptions and imaging scans to create a convincing case that the breach of duty committed by your physician directly led to your injuries.
Causation
Most treatments come with some degree of risk, however medical errors can increase those dangers. To prove the causation of a malpractice claim an injured patient must prove a direct connection between the negligence alleged and their injuries. In many cases, expert witness is required, along with assistance from a medical malpractice lawyer.
Medical errors can include errors in diagnosis, such as misdiagnosing serious diseases or conditions. If a doctor fails to diagnose cancer or other conditions it could result in severe consequences for the patient. In this situation the patient could be suffering excessive pain or even end up dying. The doctor may have committed a mistake by not diagnosing the problem properly.
Proving that a doctor or hospital has treated you in a negligent manner is a lengthy and difficult process. Evidence can come from a variety of sources, including medical records, test results, expert witness testimony and depositions. Your attorney can assist you in obtaining and interpreting this evidence, as well as assisting you during the process of depositions.
It is also important to note that only healthcare professionals is liable for negligence. Doctors and nurses, in contrast to receptionists in medical centers, are expected to follow the current standards of treatment. Medical professionals should be able to anticipate consequences based on his or their education and experience.
Damages
In medical malpractice cases courts will hear about financial damages that are intended to compensate the victim. These damages could include future and past medical bills as well as lost wages, pain and suffering, disfigurement and loss of enjoyment of life. In some cases, punitive damages are awarded in a few cases. These are reserved for those who commit crimes that society wishes to discourage.
A medical malpractice lawsuit typically begins with the filing a civil summons as well as a complaint in the court. The parties then begin discovery. This is which requires the plaintiff and defendants to are required to give testimony under oath. This could involve asking for medical records and depositions of the parties involved in a lawsuit as well as interviewing witnesses.
One of the first things to establish in a medical malpractice case is that the doctor had the legal obligation of providing healthcare and treatment to the patient. The second aspect is that the doctor violated this duty by failing to adhere the medical standard of practice. The third aspect is whether the breach resulted in injury to the patient.
It is vital to be aware that the statutes of limitations (the legally-required time frame within which an action for medical malpractice has to be filed) vary from state 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.