What Is a Medical Malpractice Claim?
A medical malpractice case involves a patient complaining about carelessness of a healthcare worker. The patient (or his or her estate if the patient died) must show that the negligence caused injury or harm.
Medical malpractice lawsuits are typically filed in state trial courts. In order to win a lawsuit the party who is claiming damages must prove four elements of law:
Duty of care
In order to prove a legal claim, a plaintiff must prove that he or she was owed a duty of duty by a third party and that they failed to perform it. In medical malpractice cases, it is the responsibility of a doctor to provide the proper level of care to their patients. This is typically determined through expert testimony.
Expert witnesses assist in determining the appropriate medical standards and then demonstrate how a doctor deviated from these standards in their treatment of the patient. A lawyer for a plaintiff's claim for
medical malpractice law firm malpractice must prove that this deviation caused the victim's injuries.
Expert testimony is vital, as jurors are often unfamiliar with anatomy and have watched a number of medical dramas. This is particularly important in medical malpractice claims as it can be difficult to establish a standard of care. In a medical malpractice lawsuit (
Mspeech said in a blog post) the standard refers to the level of expertise, quality of care and degree of diligence other doctors in similar specialties in similar circumstances.
Generally, experts in medical malpractice cases are fellow surgeons or doctors who have the same training and board certifications. It is often difficult to locate an expert willing to testify against substandard medical treatment due to the "conspiracy" of silence among doctors.
Breach of duty
Medical negligence occurs when a physician is negligent and hurts the patient. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims can be difficult to prove due to complicated laws and issues. An experienced 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 connection between you and your physician, which is necessary for any malpractice claim. Your attorney will look into your doctor's actions and decisions to determine whether the standard of care in your state for doctors with similar backgrounds, training and geographical location is in place.
Doctors are required to respect the standards that their patients have set without deviation or omission. A breach of duty implies that the doctor did not meet your expectations, and this has caused injury to you.
Proving the breach of duty typically straightforward with the help of your attorney's research and expert witnesses. Experts can testify that the doctor's actions weren't in line with the standard of medical care and explain why a different medical professional would have behaved differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records and test results, prescriptions and imaging scans in order to construct an argument that the breach of duty of your physician directly contributed to your injuries.
Causation
Medical mistakes can increase the risk of many treatments. To prove the causality, the injured patient has to show a direct connection between the negligence of the doctor and the injury. In many cases, expert witness is required, along with assistance of an attorney who specializes in
medical malpractice lawyers malpractice.
Medical errors can be the misdiagnosis of serious diseases or conditions. If a doctor fails to diagnose cancer or another illness, it can have severe consequences for the patient. In this situation the patient may suffer unnecessary pain and even die. In the absence of diagnosing the condition correctly, the doctor may have committed a mistake.
Proving that a medical professional or hospital treated you negligently can be a long and tedious process. The evidence needed could include various sources, including medical records and test results, as in addition to expert testimony from witnesses and oral depositions. Your attorney can assist you in obtaining and interpreting the evidence, as well representing you in the process of depositions.
It is also important to know that only a healthcare professional can be sued for malpractice. In contrast to receptionists in medical centers nurses and doctors must act according to the standards of care. A medical professional must be able of predicting outcomes based on their education and experience.
Damages
In medical malpractice lawsuits the courts are able to determine monetary damages that are intended to compensate the victim. These types of damages can include future and past medical bills, lost wages, the disfigurement caused by pain and suffering and loss of enjoyment of life. In some instances punitive damages could also be awarded; these are reserved for the most egregious conduct that society has an interest in stopping.
A medical malpractice case typically begins with filing an civil summons and complaint in court. Then, the parties engage in discovery, which is a process where the plaintiffs and defendants disclose statements under oath. This could include seeking medical records or other documents taking depositions of those involved in a lawsuit and interviewing witnesses.
In a medical malpractice case it is crucial to prove that the doctor was legally obligated to provide medical treatment and care to the patient. The second element is that the doctor violated that obligation by failing to follow the medical standards of practice. The third element is that the breach resulted in harm to the patient.
It is crucial to remember that the statute of limitations (the legally prescribed 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 on when the underlying incident of medical malpractice occurred.