What Is a Medical Malpractice Claim?
A medical malpractice case is brought by the patient who complains about the carelessness of a healthcare professional. The patient, or his or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.
In general, lawsuits that claim medical negligence are filed in state trial court. The patient who is suffering from the injury must prove four legal aspects to win a case:
Duty of care
To establish a legal claim, a plaintiff needs to demonstrate that he/she was in the position of being owed a duty by an individual or a company and that they failed to fulfill it. In the case of medical malpractice, it is the responsibility of doctors to provide the highest standard of care to their patients. This is typically determined through expert testimony.
Expert witnesses can assist in determining the appropriate standards of medical treatment and then reveal how a doctor departed from these standards when treating patients. A plaintiff's
medical malpractice attorney must then prove that this error was directly at fault for the injury suffered by the victim.
Expert testimony is vital since jurors are often not knowledgeable about anatomy and have seen a lot of medical dramas. This is particularly relevant when it comes to medical malpractice claims, as it can be difficult to establish a standard of care. In a case of medical malpractice the standard is the level of skill, quality of care and level of care that other physicians in similar specialties can demonstrate under similar circumstances.
Generally, experts in medical malpractice cases are fellow surgeons or doctors who have the same qualifications and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors to not testify against one another) It can be difficult to locate a qualified expert willing to provide evidence against a colleague in relation to sub-standard care.
Breach of duty
If a doctor makes an error that harms the patient, it is considered medical malpractice. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims can be difficult to prove because they involve complicated laws and concerns. A good medical malpractice attorney will review your case to determine whether a doctor has breached their duty to you.
Your attorney will determine if there was a doctor-patient relationship between you and your physician, which is necessary for any malpractice claim. Your attorney will also examine your doctor's actions and decisions to determine if they meet what is known as the standard of care for doctors of similar backgrounds, training and geographical location within your state.
Doctors owe it to their patients to adhere to these standards, without deviation or omission. In breach of this duty, the doctor did not fulfill those expectations and that failure caused harm to you.
It is simple to establish a breach of duties with the assistance of experts and your attorney's research. Experts can testify to the reasons why the doctor's actions do not meet the standard of care and explain how another medical professional in similar circumstances might have acted differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will look at your medical records and test results, prescriptions and imaging scans to build an argument that the breach of duty by your doctor directly led to your injuries.
Causation
Medical errors can increase the dangers of many treatments. In order to prove causation, an injured patient must demonstrate a direct connection between the alleged negligence of the doctor and their injury. In the majority of cases, expert testimony is required, along with assistance from a medical malpractice attorney.
For instance, a mistake in diagnosing an illness or illness is a common error. If a doctor fails to diagnose cancer or another disease this could have serious consequences for the patient. In this case the patient could be suffering unnecessarily pain and may even die. In the absence of diagnosing the problem correctly the doctor could have committed a lapse of judgment.
Proving that a medical professional or hospital treated you negligently can be difficult and time-consuming. Evidence may come from a variety sources, such as medical records tests, medical records, expert witness testimony and depositions. Your lawyer can assist you find and interpret the evidence as well as represent you during the deposition process.
It is vital to understand that only healthcare professionals can be sued for negligence. Doctors and nurses, unlike receptionists in medical centers, are expected to follow the current standards of care. A medical professional should be able to anticipate the outcome based on qualifications and education.
Damages
In medical malpractice cases, the courts will hear about monetary compensations that are meant to compensate injured patients. These damages may include future and past medical bills, lost wages, disfigurement and pain, and loss of enjoyment of life. Punitive damages are awarded in a few cases. These are reserved for criminal acts that society is trying to deter.
A medical malpractice case begins with the filing in the court of an administrative summons. The parties then proceed to discovery. This is that requires both parties to make statements under oath. This may include seeking medical records or other documents, taking depositions of parties who are involved in a lawsuit and interviewing witnesses.
One of the first elements to establish in a medical malpractice case is that the doctor was under a legal duty to provide care and treatment to the patient. The other element to prove is that the doctor violated the obligation by failing to follow the medical standard of care. The third aspect is whether the breach caused injury to the patient.
It is important to remember 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, there is a statute of limitations of two years and six month (30 months) following the date of the
medical malpractice law firms malpractice.