What Is a Medical Malpractice Claim?
A medical malpractice lawsuit is brought by the patient who complains about the negligence of a healthcare worker. The patient, or his or her estate in the case of a deceased patient must demonstrate that the negligence was responsible for 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 matter, the plaintiff needs to demonstrate that an individual or entity had a responsibility to them under a duty of care and then failed to perform this obligation. In medical malpractice cases, it is the duty of medical professionals to provide the appropriate quality of care to their patients. Expert testimony is typically used to determine this.
Expert witnesses can assist in determining proper standards for medical practice and then demonstrate how a physician has strayed from these standards while treating patients. A plaintiff's medical malpractice attorney must then prove that the deviation was directly accountable for the injury of the victim.
Expert testimony is essential since jurors are often not knowledgeable about anatomy and have watched a lot medical dramas. This is especially important in medical malpractice cases as it isn't easy to establish a standard of care. In a
medical malpractice lawsuit the standard is the level of competence, quality of care and level of diligence that other physicians in similar specialties have under similar circumstances.
Generally, experts in medical malpractice cases are fellow surgeons or doctors who have the same training and board certifications. It isn't easy to find an expert willing to testify about poor medical treatment due to the "conspiracy" of silence among doctors.
Breach of duty
Medical malpractice occurs when a doctor makes a mistake that hurts the patient. These errors can cause new injuries or exacerbate existing ones. Medical malpractice claims are complicated issues and laws, making them difficult to prove. However, a good
medical malpractice lawyer will analyze the circumstances of your case and 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 required for any malpractice claim. Your attorney will also analyze your physician's actions and decisions to determine if they met what is known as the standard of care for doctors with similar backgrounds, training and geographical location in your state.
Physicians have a responsibility to their patients to follow these standards without deviation or omission. A breach of duty implies that the physician did not meet your expectations and this failure caused you injury.
Proving the breach of duty usually straightforward with the help of the research of your attorney and expert witnesses. These experts can testify that the doctor's actions did not meet the standards of medical care 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 build an argument that the breach of duty by your doctor directly caused your injuries.
Causation
Medical errors can increase the risks of most treatments. To prove causality in a malpractice case the injured person must establish a direct connection between the negligence alleged and the injury. In many cases this requires expert testimony and the help of a lawyer for medical malpractice.
Medical errors could include errors in diagnosis, such as misdiagnosing serious ailments or illnesses. A doctor's failure to diagnose cancer or other conditions, can have serious consequences for a patient. In this scenario the patient could be suffering excessive pain or even end up dying. The doctor could have committed malpractice by not diagnosing the issue properly.
Proving that a medical professional or hospital failed to treat you appropriately is a lengthy and difficult process. Evidence can come from a variety of sources, including medical records and test results, as well as expert witness testimony and depositions. Your lawyer can assist you gather and interpret the evidence, and also represent you during the deposition process.
It is important to note that only healthcare professionals can be sued for malpractice. Nurses and doctors, in contrast to receptionists in medical centers, are expected to adhere to current standards of care. Medical professionals should be able to anticipate outcomes based on her education and skills.
Damages
In medical malpractice cases, courts hear about monetary damages intended to compensate the injured person. These damages can be based on the cost of medical bills in the past or in the future and lost wages in the event of pain and discomfort disfigurement or loss of enjoyment of living. In certain cases, punitive damages may also be awarded. These are reserved for the most egregious behaviour that society has an interest in deterring.
A medical malpractice case starts with the filing in the court of a civil summons. The parties then proceed to discovery. It is a process that requires both parties to make statements under oath. This could involve requesting the exchange of documents such as medical records, taking depositions from those who are involved in the lawsuit, and conducting interviews with witnesses.
In a medical malpractice claim it is vital to prove that the doctor was legally obligated to provide treatment and care to the patient. The second part is that the doctor violated this obligation by failing to follow the medical standard of practice. The third aspect is whether the breach caused injury to the patient.
It is vital to note that the statute of limitations (the legally-defined time frame 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 the date that the underlying cause of medical malpractice occurred.