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What Is a Medical Malpractice Claim?

A medical malpractice case is brought by an individual who is unhappy with the carelessness of a healthcare professional. The patient (or his or her estate if the patient has passed away) must prove that the negligence led to injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. In order to win a lawsuit the aggrieved party has to demonstrate four legal elements:

Duty of care

In any legal case, the plaintiff has to show that another person or entity owed them a duty of care and failed to perform this duty. In medical malpractice cases this is the physician's obligation to provide their patients with the appropriate standard of medical care. Expert testimony is usually used to determine this.

Expert witnesses can help determine the correct medical standards, and then demonstrate how a doctor deviated from the guidelines in their treatment of the patient. A lawyer for a plaintiff's claim for medical malpractice has to demonstrate that the deviation caused the victim's injuries.

Expert testimony is crucial since jurors typically are not aware of anatomy and have watched many medical dramas. This is especially important in medical malpractice cases as it can be difficult to establish a reasonable standard of care. In a medical malpractice case the standard of care is referred to the level of skill, quality of treatment and degree of diligence possessed by other doctors in comparable specialties under similar circumstances.

Typically, experts in medical malpractice claims are fellow physicians or surgeons with similar training and board certifications. It is often difficult to find an expert who is willing to testify about substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice happens when a doctor is negligent and hurts the patient. These mistakes can lead to new injuries, or worsen existing ones. Medical malpractice cases are a complex set of legal issues and regulations, making them difficult to prove. However, a skilled medical malpractice lawyer will analyze the facts of your case to determine if the doctor has breached his or her duty to the patient.

Your attorney will prove that there was a doctor-patient connection between you and your physician, which is essential for any malpractice claim. Your attorney will also analyze your doctor's actions and decisions to determine whether they complied with what is known as the standard of care for doctors of similar backgrounds, training and geographical location in your state.

Doctors are required to respect the standards that are set by their patients without omission or deviation. In breach of this duty, the doctor was not able to meet those standards and caused injury to you.

Proving the breach of duty usually simple with the help of your attorney's research and expert witnesses. Expert witnesses can testify to how the doctor's actions didn't conform to the standards of care and explain how another medical professional in similar circumstances would have acted differently. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your attorney will scrutinize your medical records, prescription and test results, imaging scans, and prescriptions to make a strong case that the breach of duty by the doctor directly contributed to your injuries.

Causation

Most treatments carry a level of risk, but medical errors can increase the dangers. To prove the causation of a malpractice claim, an injured patient must establish a direct connection between the alleged negligence and the injury. In many cases, this requires expert testimony and the assistance of a medical malpractice lawyer.

For instance, misdiagnosing a condition or a serious illness is a common error. A doctor's inability to recognize cancer or other conditions may have serious implications for patients. In this instance the patient could experience in pain that is not needed and could even end up dying. The doctor could have committed malpractice by not properly diagnosing the condition.

Proving that your doctor or hospital was negligent in their treatment of you can be complicated and time-consuming. The evidence you require could be from a variety of sources, such as medical records and test results as and expert witness testimony and oral depositions. Your lawyer can assist you gather and interpret the evidence and also assist you during the deposition process.

It is also important to know that only healthcare professionals is liable for negligence. Doctors and nurses, unlike receptionists in medical facilities, are expected to follow the current standards of care. That means that a medical professional must be able to predict the effects based on their skills and education.

Damages

In medical malpractice cases the courts consider monetary damages that are designed to compensate the injured patient. The damages may include past or future medical bills as well as loss of earnings as well as pain and discomfort, disfigurement or loss of enjoyment living. In certain cases punitive damages could also be awarded. These are awarded to those who have committed particularly indecent behavior that society has an interest in stopping.

A medical malpractice lawsuit typically begins with the filing of an civil summons and complaint in the court. The parties will then engage in discovery. It is a process which requires the plaintiff and defendants to take oaths to make statements. This could involve the request of medical records, for instance, taking depositions of parties who are involved in a lawsuit and interviewing witnesses.

One of the primary elements to establish in a medical malpractice case is that the doctor owed the legal obligation to provide healthcare and treatment to the patient. The second aspect is that the doctor violated that duty by failing to adhere the medical standards of practice. The third element is whether the breach resulted in harm to the patient.

It is crucial to understand that the statutes of limitations (the legally prescribed time period within which an action for medical malpractice must be filed) differ from state to states. In New York, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.