What Is a Medical Malpractice Claim?
A medical malpractice lawsuit is brought by patients who complain about the negligence of a healthcare worker. The patient (or his or her estate if the patient has passed away) must prove that the negligence caused injury or harm.
In general, lawsuits claiming medical negligence are filed in state trial court. The patient who is aggrieved must demonstrate four legal elements to win the case:
Duty of care
To establish a legal claim, a plaintiff has to show that he or she was legally obligated to perform a duty by an individual or a company and that they failed to perform it. In the case of medical malpractice it is a physician's duty to provide their patients with the proper standards of treatment. This is typically determined through expert testimony.
Expert witnesses help to determine the appropriate medical standards and then demonstrate how a doctor did not follow these standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then show that this deviation was directly responsible for the victim's injuries.
Expert testimony is vital because jurors are usually not knowledgeable about anatomy and have watched a number of medical dramas. In medical malpractice claims this is especially important since it can be difficult to establish the standards of care. In a medical malpractice claim, the standard of care is referred to the skill level of the practitioner, the quality of treatment, and the level of dedication possessed by other doctors with similar areas of expertise in similar circumstances.
Generally, experts in medical malpractice cases are surgeons or fellow doctors who have the same training and board certifications. Due to the "conspiracy of silence" among many doctors (a term lawyers use to describe the tendency of doctors to not speak against one another), it isn't easy to find an expert with the qualifications to defend a colleague against poor care.
Breach of duty
If a doctor commits an error that causes harm to the patient, it is medical malpractice. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice claims are difficult to prove because they involve complex laws and issues. A good
medical malpractice attorney will evaluate your case to determine whether 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 review the decisions and actions of your physician to determine whether the standard of care in your state for doctors with similar training, background and geographical location is in place.
Doctors owe it to their patients to follow these guidelines without deviation or omission. A breach of duty implies that the doctor did not meet your expectations, and this has caused injury to you.
It is simple to establish a breach of duties with the help of expert witnesses and your attorney's research. Experts can testify to how the doctor's actions did not meet the standard of care and explain how another medical professional in similar circumstances would have different actions. Your lawyer must also connect the breach of duty with your injuries and damages. Your attorney will look at your medical records as well as test results, prescriptions and imaging scans in order to construct an argument that proves the breach of duty committed by your physician directly contributed to your injuries.
Causation
Most treatments come with some degree of risk, but
medical malpractice law firm errors can add to those risks. In order to prove causality, a patient who has suffered an injury must establish a direct connection between the negligence of the doctor and the injury. In the majority of cases, expert testimony is required, along with assistance of a medical malpractice attorney.
Medical errors include the misdiagnosis of serious diseases or conditions. If a doctor fails to diagnose cancer or another disease this could have serious consequences for the patient. In this case the patient could experience excessive suffering, and even die. The doctor may have committed a mistake by not diagnosing the condition properly.
Proving that your doctor, or hospital did not treat you properly can be a long and complicated process. Evidence may come from a variety of sources, including medical records or test results, expert witness testimony and depositions. Your attorney can assist you locate and interpret this evidence, and also represent you during the deposition process.
It is vital to understand that only healthcare professionals can be sued for malpractice. Doctors and nurses, unlike receptionists at medical centers, are expected to adhere to current standards of treatment. A medical professional must have the ability to predict the outcome based on their education and experience.
Damages
In medical malpractice claims the courts consider monetary damages that are designed to compensate the victim. These damages could include future or past medical bills or wages lost as well as pain and discomfort, disfigurement or loss of enjoyment living. Punitive damages are awarded in a few cases. These are reserved for egregious acts that society wants to discourage.
A medical malpractice case usually begins with the filing of an civil summons and complaint in court. Then, the parties will engage in discovery, a process that requires the plaintiff and defendants disclose statements under oath. This could include asking for medical records taking depositions of those involved in a lawsuit as well as interviewing witnesses.
One of the first things to prove in a medical malpractice case is that the physician had the legal obligation of providing medical care and treatment to the patient. The second part is that the doctor breached his duty by not adhering to the medical standards of practice. The third element is that the breach resulted in harm to the patient.
It is important to know that the statutes of limitations (the legally-defined time period within which a lawsuit for
medical malpractice lawsuits malpractice must be filed) differ from state the state. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.