What Is a Medical Malpractice Claim?
A medical malpractice claim is brought by patients who complain about the carelessness of a healthcare professional. The patient (or the estate of the patient if the patient died) must prove that the negligence caused injury or harm.
Lawsuits alleging medical malpractice are generally filed in state trial courts. The patient who is suffering from the injury must prove four legal elements to prevail in the case:
Duty of care
In any legal action in any legal matter, the plaintiff must demonstrate that a third party or entity had a legal obligation to care, and they failed to perform this duty. In the case of medical malpractice attorneys malpractice it is a physician’s obligation to provide their patients with the right standards of treatment. Expert testimony is typically used to establish this.
Expert witnesses can help determine the proper medical standards and then demonstrate how a doctor violated those standards in their treatment of the patient. A plaintiff’s attorney for medical malpractice has to show that the deviance caused the victim’s injuries.
Expert testimony is crucial because jurors are usually not knowledgeable about anatomy and have seen a lot of medical dramas. In the case of medical malpractice it is crucial since it can be difficult to establish a standard of care. In a Medical malpractice Lawyers malpractice lawsuit, the standard refers to the level of expertise quality of care, as well as the level of diligence that other doctors in similar specialties in similar circumstances.
Experts in medical malpractice cases are typically surgeons or physicians who have similar training and accreditation. It isn’t easy to find an expert willing to testify regarding substandard treatment because of the “conspiracy” of silence among doctors.
Breach of duty
If a doctor makes an error that hurts the patient, it is considered medical malpractice. These errors can lead to new injuries or make existing ones worse. Medical malpractice claims are difficult to prove since they are based on complicated laws and issues. A reputable medical malpractice lawyer will investigate your case to determine if the doctor has violated their obligation to you.
Your attorney will establish that the relationship was between a doctor and patient you and your physician, which is necessary in any malpractice claim. Your attorney will also examine your doctor’s actions and decisions to determine whether they complied with what is referred to as the standard of care for doctors with similar education, background and geographical location within your state.
Doctors owe it to their patients to observe these standards without omission or deviation. If they violate this duty, it means that the doctor did not meet these standards and caused injury to you.
Proving a breach of duty is usually straightforward with the help of the research of your attorney and expert witnesses. Experts can testify the doctor’s actions did not meet the standards of medical care and explain why a different medical professional would have behaved differently in similar circumstances. Your lawyer should also be able to link the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records, test results, prescriptions and imaging scans to make a convincing case that the breach of duty committed by your physician directly caused your injuries.
Causation
Most treatments carry a degree of risk, but medical errors can increase the risks. To prove causation, an injured patient must establish that there is a direct link between the negligence of the medical professional and their injury. In many instances this requires expert testimony and the assistance of a medical malpractice lawyer.
For instance, misdiagnosing a condition or a serious illness is a common medical error. If a doctor fails to diagnose cancer or another illness the result could have devastating consequences for the patient. In this scenario, the patient may experience inexpensive suffering and possibly even death. The doctor could have committed a mistake by not properly diagnosing the condition.
Proving that a medical professional or hospital failed to treat you appropriately is a lengthy and difficult process. Evidence could come from range of sources, such as medical records tests, medical records, expert witness testimony and depositions. Your lawyer can assist you with obtaining and interpreting this evidence, as as assisting you during the process of depositions.
It is also important to note that only a healthcare professional is liable for malpractice. Nurses and doctors, in contrast to receptionists in medical facilities, are expected to follow the current standards of medical care. This means that a medical professional must be able to anticipate the consequences depending on their experience and education.
Damages
In medical malpractice lawsuits the courts consider monetary damages to compensate the injured patient. These types of damages can include future and past medical bills, lost wages, disfigurement and pain and loss of enjoyment of life. Punitive damages can be awarded in a few cases. They are reserved for those who commit crimes that society wishes to discourage.
A medical malpractice claim typically begins with filing a civil summons as well as a complaint in court. The parties then engage in discovery, a process that requires the plaintiff and defendants make statements under an oath. This can include requesting documents like medical records, taking depositions of parties involved in a lawsuit, and interviewing witnesses.
One of the first things to establish in a medical malpractice case is that the doctor had the legal obligation of providing medical treatment and care to the patient. The second element to prove is that the doctor breached this duty by failing adhere to the medical standard of care. The third aspect is whether the breach caused injury to the patient.
It is important to note that the statute of limitations (the legally prescribed period 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 months (30 months) following the date of the medical malpractice.