What Is a Medical Malpractice Claim?
A medical malpractice case involves the patient complaining of the negligence of a healthcare professional. The patient (or his or her estate should the patient die) must prove that the negligence caused injury or harm.
In general, lawsuits that claim medical negligence are filed in state trial courts. To win a lawsuit, the aggrieved party must demonstrate four legal elements:
Duty of care
To prove a legal claim, the plaintiff must show that he or she was legally obligated to perform a duty by an individual or a company and that they failed to fulfill it. In medical malpractice cases this is the obligation of medical professionals to provide the right quality of care to their patients. Expert testimony is typically used to establish this.
Expert witnesses can help determine the correct medical standards, and then prove that a physician violated the guidelines in their treatment of the patient. A
medical malpractice lawyer for a plaintiff must then prove that this error was directly accountable for the injury of the victim.
Expert testimony is vital, as most jurors are not aware of anatomy and are exposed to a lot of medical dramas. In the case of medical malpractice this is especially important because it is often difficult to establish a standard of care. In a case of medical malpractice the standard refers to the level of expertise and care quality, as well as degree of diligence that other doctors with similar specialties have under similar circumstances.
Experts in medical malpractice cases are typically surgeons or doctors with similar training and certification. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers employ to describe the tendency of doctors not to testify against each other) It is often difficult to find an expert with the qualifications to provide evidence against a colleague in relation to poor care.
Breach of duty
Medical negligence occurs when a physician commits a mistake that harms the patient. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims are difficult to prove since they are based on complex laws and issues. However, a reputable medical malpractice lawyer will analyze the facts of your case and determine if the doctor has breached his or her duty to the patient.
Your attorney will determine if there was a doctor-patient relationship between you and your physician which is required in any malpractice claim. Your attorney will also examine your physician's actions and decisions to determine if they meet what is known as the standard of care for doctors with similar training, background and geographic location in your state.
Physicians are required by their patients to follow these standards without omission or deviation. A breach of duty implies that the doctor failed to meet your expectations and this failure resulted in injury to you.
It is simple to prove the breach of duty with the help of expert witnesses and your attorney's investigation. Expert witnesses can testify to how the doctor's actions did or did not meet the standard of care and describe how a different medical professional in similar circumstances would have different actions. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will look over your medical documents, test and prescription results, imaging scans, and prescriptions to build solid evidence that the breach of duty by your doctor directly led to your injuries.
Causation
Medical errors can increase the risks of a wide range of treatments. To prove causality in a malpractice case an injured patient must prove a direct connection between the negligence alleged and the injury. In many instances, this requires expert testimony and the help of a
medical malpractice lawyer.
Medical errors can include errors in diagnosis, such as misdiagnosing serious ailments or illnesses. If the doctor fails to identify cancer or another condition, it can have severe consequences for the patient. In this scenario the patient could suffer excessive suffering, and 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 failed to treat you appropriately isn't easy and takes a lot of time. Evidence could come from a number of sources, including medical records, test results, expert witness testimony and depositions. Your attorney can assist in obtaining and interpreting the evidence, as well representing you in the process of depositions.
It is important to keep in mind that only healthcare professionals is liable for negligence. Doctors and nurses, in contrast to receptionists at medical centers, are expected to follow the current standards of care. That means that medical professionals must be able to predict the effects depending on their experience and knowledge.
Damages
In medical malpractice cases, the courts will hear about monetary compensations designed to pay injured patients. These damages can include past or future medical bills and lost wages in the event of pain and discomfort disfigurement, or loss of enjoyment living. In certain cases the punitive damages may be awarded. These are awarded to those who have committed particularly indecent actions that society has an interest in deterring.
A medical malpractice case typically begins with filing a civil summons and complaint in court. The parties will then begin discovery. This is in which the defendant and plaintiff take oaths to make statements. This could involve asking for medical records, taking depositions of parties involved in a lawsuit as well as interviewing witnesses.
In a claim for medical malpractice it is vital to prove that the doctor was legally obligated to provide care and treatment to the patient. The second element to establish is that the doctor breached that duty by failing to follow the medical standard of care. The third aspect is whether the breach resulted in harm to the patient.
It is important to note that the statute of limitations (the legally-defined period within which a medical negligence 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.