What Is a Medical Malpractice Claim?
A medical malpractice claim involves a patient who complains of the negligence of a healthcare professional. The patient, or or her estate in the case of a deceased patient must establish that the negligence caused injury or harm.
Medical malpractice lawsuits are generally filed in state trial courts. The patient who is aggrieved must demonstrate four legal aspects to win the case:
Duty of care
To establish a legal claim, a plaintiff must show that he or she was owed a duty of duty by a third party and that they failed to meet it. In the case of medical malpractice, it is the duty of doctors to provide the proper standard of care for their patients. This is usually determined by expert testimony.
Expert witnesses can assist in determining the appropriate standards of medicine and then explain how a physician has strayed from these standards when treating a patient. A plaintiff’s attorney who is suing for medical malpractice must then prove that this deviation caused the victim’s injuries.
Expert testimony is essential for jurors, since the majority of jurors have only a basic understanding of anatomy and have watched several medical dramas. In the case of medical malpractice this is crucial as it is often difficult to establish the standards of care. In a medical malpractice lawsuit, the standard refers to the level of competence, quality of care and degree of diligence other doctors in similar specialties can demonstrate under similar circumstances.
Generally, experts in medical malpractice claims are fellow surgeons or doctors with similar training and board certifications. It can be difficult to find an expert willing to testify regarding substandard treatment because of the “conspiracy” of silence among doctors.
Breach of duty
If a doctor commits an error that harms the patient, this is considered medical malpractice. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are challenging to prove due to complicated laws and concerns. However, a good medical malpractice law firms malpractice lawyer will analyze the facts of your case and determine if the doctor has breached his or her obligation to the patient.
Your attorney will establish a doctor-patient connection between you and your doctor that is required to prove a malpractice claim. Your attorney will also analyze the actions and decisions of your physician to determine if they complied with what is known as the standard of care for doctors of similar backgrounds, training and geographic location in your state.
Physicians must adhere to the standards set forth by their patients without omission or deviation. In breach of this duty, the doctor did not meet these standards and resulted in injury to you.
It is easy to prove that there was a breach of duty by using experts and your attorney’s investigation. Experts can testify the doctor’s actions were not in accordance with the standards of medical care and also explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty with your injuries and damages. Your attorney will examine your medical records, prescription and test results, imaging scans and prescriptions to create a strong case that the breach of duty committed by the doctor directly contributed to your injuries.
Causation
Most treatments carry a degree of risk, but medical errors can add to those dangers. To prove the causation of a malpractice claim an injured patient must prove a direct connection between the negligence alleged and the injury. In the majority of cases, expert testimony is required along with the assistance from a medical malpractice lawyer.
For instance, misdiagnosing an illness or illness is a common medical error. If a doctor fails to recognize cancer or any other medical condition can have severe consequences for the patient. In this case the patient could suffer excessive suffering, and even die. The doctor could have committed a malpractice by not properly diagnosing the condition.
Finding out if your doctor or hospital was negligent in treating you isn’t easy and takes a lot of time. Evidence could come from variety sources, such as medical records, test results, expert witness testimony and depositions. Your attorney can help you find and interpret the evidence as well as represent you during the deposition process.
It is crucial to remember that only healthcare professionals can be sued for malpractice. As opposed to receptionists in medical facilities, doctors and nurses are expected to operate in accordance with the current standards of care. This means that a medical professional should be able to predict the effects in light of their expertise and education.
Damages
In medical malpractice claims courts will hear about financial damages to compensate the injured patient. These damages can be based on past or future medical bills or wages lost in the event of pain and discomfort disfigurement, or loss of enjoyment living. In some cases punitive damages can also be awarded; these are reserved for particularly egregious behaviour that society has an interest in preventing.
A medical malpractice case starts with the filing in the court of an administrative summons. The parties then engage in discovery, a process in which the plaintiff and defendants will make public statements under oath. This could include requesting the exchange of documents such as medical records, taking depositions from parties who are involved in the lawsuit, and conducting interviews with witnesses.
One of the most important elements to prove in a medical malpractice case is that the doctor had the legal obligation to provide care and treatment to the patient. The second aspect to prove is that the doctor did not fulfill the duty by failing to follow the medical standard of care. The third aspect is whether the breach caused injury to the patient.
It is important to know that the statutes of limitations (the legally-required time frame within which an action for medical malpractice must be filed) vary from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date the date that the underlying cause of medical malpractice occurred.
