What Is a Medical Malpractice Claim?
A medical malpractice claim is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient, or his or his estate in the event of a deceased patient, must demonstrate that the negligence was responsible for injury or harm.
Medical malpractice lawsuits are typically filed in state trial courts. In order to win a lawsuit the aggrieved party 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 in the position of being owed a duty by an individual or a company and that they failed to perform the obligation. In the case of medical malpractice it is a physician's obligation to provide their patients with the appropriate standards of treatment. This is usually determined through expert testimony.
Expert witnesses can help determine the proper standards for
medical malpractice lawyers practice and then demonstrate how a physician has strayed from these standards while treating the patient. A plaintiff's attorney for medical malpractice must establish that the deviation was responsible for the victim's injuries.
Expert testimony is essential because jurors are usually not familiar with anatomy and have seen a variety of medical dramas. This is particularly relevant in medical malpractice cases since it can be difficult to establish a proper standard of care. In the context of medical malpractice cases, the standard of care is referred to the skill level, quality of treatment and degree of diligence possessed by other physicians in similar specialties in similar situations.
Experts in medical malpractice cases are usually surgeons or physicians who have a similar education and accreditation. It can be difficult to find an expert who is willing to testify regarding substandard medical treatment due to the "conspiracy" of silence among doctors.
Breach of duty
Medical negligence occurs when a physician makes a mistake that hurts the patient. These errors can cause new injuries or even worsen existing ones. Medical malpractice claims are challenging to prove due to complicated laws and issues. An experienced medical malpractice attorney will evaluate your case to determine if the doctor has violated their obligation to you.
Your attorney will establish there was a doctor-patient connection between you and your physician which is a requirement for any malpractice claim. Your attorney will examine your doctor's actions and decisions to determine whether the standards of care in your state for doctors with similar training, experience and geographical location is in place.
Physicians must follow the standards that are set by their patients without omission or deviation. A breach of duty means that the doctor didn't meet your expectations, and this has resulted in injury.
It is simple to establish that there was a breach of duty with the help of expert witnesses and your attorney's investigation. Experts can testify that the doctor's actions weren't in line with the standard of medical treatment and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will look over your medical records, prescription and test results, imaging scans, and prescriptions in order to build an argument that the breach of duty committed by your doctor directly caused your injuries.
Causation
Medical errors can increase the risks of many treatments. To prove the causality, the injured patient must establish a direct connection between the alleged negligence of the doctor and their injury. In many cases this will require expert testimony and the help of a lawyer for medical malpractice.
For instance, misdiagnosing a condition or a serious illness is a frequent medical error. If a doctor fails to recognize cancer or any other medical condition could have grave consequences for patients. In this scenario the patient could be suffering unnecessary pain and even end up dying. The doctor may be negligent for not properly diagnosing the condition.
Proving that your doctor, or hospital was negligent in the treatment you received is a lengthy and difficult process. Evidence can come from a variety of sources, including medical records tests, medical records, expert witness testimony and depositions. Your attorney can help you gather and interpret the evidence and also assist you during the deposition process.
It is important to note that only healthcare professionals can be sued for malpractice. In contrast to receptionists in medical centers, doctors and nurses are expected to act in accordance to the standard of care. That means that medical professionals must be able of predicting the outcomes from their skills and knowledge.
Damages
In medical malpractice claims the courts consider monetary damages that are intended to compensate the injured patient. The damages may include the cost of medical bills in the past or in the future or wages lost as well as pain and discomfort, disfigurement, or loss of enjoyment of living. In some instances the punitive damages may be awarded; these are reserved for particularly egregious actions that society has an interest in deterring.
A medical malpractice lawsuit typically begins with the filing of a civil summons as well as a complaint in court. Then, the parties engage in discovery, a procedure that requires the plaintiff and defendants disclose statements under oath. This could involve seeking medical records or other documents taking depositions of those involved in a lawsuit and interviewing witnesses.
In a case of medical malpractice it is essential to prove that the physician was legally obligated to provide care and treatment to the patient. The second aspect is that the doctor breached his duty by not adhering to the medical standard of care. The third factor is that the breach resulted in harm to the patient.
It is vital 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) after the date of the medical malpractice.