What Is a Medical Malpractice Claim?
A medical malpractice case involves the patient claiming negligence by a healthcare worker. The patient (or his or her estate in the event of death) must prove that the negligence resulted in injury or harm.
In general, lawsuits alleging medical negligence are filed in state trial courts. To win a lawsuit, the aggrieved party must demonstrate four legal elements:
Duty of care
In any legal matter in any legal matter, the plaintiff must demonstrate that a third party or entity was liable to them for a duty of care and then failed to meet that obligation. In the case of medical malpractice it is a doctor’s duty to provide their patients with the proper standard of medical care. Expert testimony is usually used to determine this.
Expert witnesses can assist in determining the appropriate standards of medicine and then explain how a physician has strayed from these guidelines when treating the patient. A medical malpractice lawyer for a plaintiff must prove that the deviation was directly responsible for the victim’s injuries.
Expert testimony is vital because jurors are usually unfamiliar with anatomy and watched a number of medical dramas. In medical malpractice claims this is especially important since it can be difficult to establish the standards of care. In a case of medical malpractice the standard refers to the level of competence in the field, the quality of care provided and the level of diligence that other physicians in similar specialties possess in similar circumstances.
Typically, experts in medical malpractice lawsuit malpractice claims are fellow physicians or surgeons who have the same qualifications and board certifications. It isn’t easy to locate an expert willing to testify about substandard medical care due to the “conspiracy” of silence among doctors.
Breach of duty
Medical malpractice occurs when a physician makes a mistake that hurts the patient. These mistakes can cause new injuries or make existing ones worse. Medical malpractice claims can be difficult to prove because they involve complicated laws and issues. However, a good medical malpractice lawyer will examine the circumstances of your case and determine whether a doctor 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 a requirement in any malpractice claim. Your attorney will also examine your doctor’s actions and decisions 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 are required to adhere to the standards that their patients have set without deviation or omission. A breach of duty implies that the doctor failed to meet your expectations, and this has resulted in injury.
It is simple to prove an infraction of duty with the assistance of expert witnesses and your attorney’s investigation. Experts can prove that the doctor’s actions didn’t meet the standard of medical treatment and explain why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will scrutinize your medical records, prescription and test results, imaging scans, and prescriptions to build an argument that the breach of duty committed by your physician directly caused your injuries.
Causation
All treatments come with a level of risk, but medical errors can increase those risks. To prove the causality, a patient who has suffered an injury must establish an unambiguous connection between the negligence of the doctor and their injuries. In many cases this requires expert testimony and the assistance of a medical malpractice lawyer.
Medical errors can be the misdiagnosis of serious diseases or conditions. If a doctor fails to diagnose cancer or another illness it could result in severe consequences for the patient. In this case, the patient could suffer excessive pain or even die. By failing to diagnose the condition properly the doctor could have committed a malpractice.
Proving that your doctor or hospital did not treat you properly isn’t easy and takes a lot of time. Evidence can come from a number of sources, including medical records or test results, expert witness testimony and depositions. Your attorney can assist with obtaining and interpreting this evidence, as as assisting you during the process of depositions.
It is important to know that only healthcare professionals are liable for negligence. In contrast to receptionists in medical centers nurses and doctors are expected to act in accordance with the current standards of care. A medical professional should be able of predicting the outcome based on her education and skills.
Damages
In medical malpractice cases the courts consider monetary damages to compensate the victim. These damages could include past or future medical bills as well as loss of earnings or income, pain and disfigurement or loss of enjoyment of living. Punitive damages are granted in certain cases. They are only awarded to egregious acts that society wants to discourage.
A medical malpractice case usually starts with the filing of a civil summons and complaint in court. The parties then begin discovery. This is a procedure in which the defendant and plaintiff make statements under oath. This may include the request of medical records, for instance as well as deposing parties involved in a lawsuit and interviewing witnesses.
In a claim for medical malpractice, it is important to establish that the doctor was legally bound to provide medical treatment and care to the patient. The second aspect to establish is that the doctor violated that duty by failing to adhere to the medical standard of care. The third factor is that 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, 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.
