What Is a Medical Malpractice Claim?
A medical malpractice case involves a patient complaining about negligence by a healthcare worker. The patient, or his or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.
Medical malpractice lawsuits are generally filed in state trial courts. To prevail in a lawsuit the party who is claiming damages must demonstrate four legal elements:
Duty of care
To establish a legal claim, the plaintiff must show that he or she was legally obligated to perform a duty by a person or an organization and that they failed to perform it. In the case of medical malpractice it is a doctor's duty to provide their patients with a proper standard of medical care. This is usually determined by expert testimony.
Expert witnesses can help determine the appropriate standards of medical practice and then demonstrate how a doctor departed from these standards when treating patients. A medical malpractice lawyer for a plaintiff must then prove that this error was directly responsible for the victim's injury.
Expert testimony is crucial as jurors are typically not knowledgeable about anatomy and have seen a variety of medical dramas. This is particularly important in medical malpractice cases as it isn't easy to establish a minimum standard of care. In a medical malpractice lawsuit the standard refers to the level of competence quality of care, as well as the degree of diligence other doctors in similar specialties in similar circumstances.
The majority of experts in medical malpractice cases are surgeons or physicians who have the same training and board certifications. It can be difficult to find an expert who is willing to testify regarding substandard care due to the "conspiracy" of silence among doctors.
Breach of duty
When a doctor commits 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 complicated issues and laws, which makes them difficult to prove. A good medical malpractice attorney will investigate your case to determine whether a doctor has breached their duty to you.
Your attorney will establish a doctor-patient connection between you and your doctor which is required to prove a malpractice claim. Your attorney will also look into your physician's actions and decisions to determine whether they complied with what is referred to as the standard of care for doctors with similar backgrounds, training and geographic location in your state.
Doctors are required to follow the standards that are set by their patients without deviation or omission. A breach of duty means that the doctor failed to meet your expectations and caused injury to you.
It is simple to establish the 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 provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will look at your medical records, test results, prescriptions and imaging scans to make a convincing case that the breach of duty of your physician directly led to your injuries.
Causation
Medical errors can increase the risks of a wide range of treatments. In order to prove causation, the patient must establish that there is a direct link between the alleged negligence of the doctor and the injury. In many instances this will require expert testimony and the help of a medical malpractice lawyer.
For instance, misdiagnosing an illness or disease is a common error. If the doctor fails to identify cancer or other conditions the result could have devastating consequences for the patient. In this scenario the patient may suffer in pain that is not needed and could even end up dying. In failing to recognize the condition properly the doctor could have committed a lapse of judgment.
Proving that a hospital or doctor treated you negligently can be difficult and time-consuming. The evidence required could come from various sources, including medical records and test results, as along with expert witness testimony and oral depositions. Your lawyer can assist you in obtaining and understanding this evidence, as representing you in the process of depositions.
It is also important to know that only a healthcare professional can be sued for misconduct. Doctors and nurses, in contrast to receptionists in
medical Malpractice law firm centers, are expected to adhere to current standards of medical care. A medical professional should have the ability to predict consequences based on his or her education and skills.
Damages
In medical malpractice cases, the courts will be hearing about financial compensations to pay injured patients. These types of damages can 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. They are reserved for the most egregious of actions that society would like to discourage.
A medical malpractice case usually starts with the filing of an civil summons and complaint in the court. The parties then engage in discovery. This is where the plaintiff and defendants are required to give testimony under oath. This can include requesting documents like medical records as well as deposing parties involved in a lawsuit and interviewing witnesses.
In a medical malpractice claim, it is important to prove that the physician was legally bound to provide treatment and medical care to the patient. The second aspect is that the doctor violated this obligation by not adhering to the
medical malpractice lawsuits standard of care. The third factor is whether the breach caused injury to the patient.
It is crucial to understand that the statutes of limitations (the legally-required time frame within which an action for medical malpractice has to be filed) vary from state to states. In New York, the statute of limitations is two years and six months (30 months) from the date on which the underlying act of medical malpractice took place.