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What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by the patient who complains about the carelessness of a healthcare professional. The patient, or his or his estate in the event of a deceased patient, must demonstrate that the negligence was responsible for 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 win the case:

Duty of care

To establish a legal claim, a plaintiff needs to prove that he or she was legally obligated to perform a duty by a third party and that they failed to meet the obligation. In medical malpractice cases it is a doctor's duty to provide their patients with the proper standard of care. Expert testimony is usually used to determine this.

Expert witnesses can assist in determining appropriate standards of medicine and then explain how a doctor has deviated from these guidelines when treating a patient. A plaintiff's medical malpractice attorney must prove that the deviation was directly accountable for the injury of the victim.

Expert testimony is essential, as jurors are often not familiar with anatomy and have watched a number of medical dramas. In medical malpractice claims this is crucial because it can be difficult to establish the appropriate standard of care. In the context of a medical malpractice case, medical malpractice the standard of care is referred to the level of expertise in the treatment, its quality and the degree of diligence shown by other doctors in comparable specialties in similar circumstances.

Generally, experts in medical malpractice cases are surgeons or fellow doctors with similar qualifications and board certifications. It can be difficult to find an expert who is willing to testify regarding substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

When a doctor commits an error that hurts the patient, this is considered medical malpractice. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice cases are a complex set of issues and laws, which makes them difficult to prove. However, a reputable medical malpractice lawyer will look into the facts of your case to determine whether a doctor breached his or her obligation to the patient.

Your attorney will establish a doctor/patient relationship between you and your doctor that is required for any malpractice claim. Your attorney will also review the actions and decisions of your physician to determine whether they complied with what is referred to as the standard of care for doctors with similar training, background and geographic location in your state.

Physicians must follow the standards that their patients have set without deviation or omission. A breach of duty means that the doctor failed to meet your expectations, and this has resulted in injury to you.

Proving a breach of duty is generally straightforward with the aid of your attorney's research and expert witnesses. Experts can testify the doctor's actions weren't in line with the standards of medical care and provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will examine your medical records as well as test results, prescriptions and imaging scans in order to construct a solid case that the breach of duty by your doctor directly led to your injuries.

Causation

Medical errors can increase the risks of most treatments. To prove causation in a malpractice claim, an injured patient must establish a direct connection between the alleged negligence and the injury. In many instances this will require expert testimony and the assistance of a medical malpractice lawyer.

Medical errors can be, for example, misdiagnosing serious diseases or conditions. If a doctor fails to recognize cancer, or any other condition could have grave consequences for patients. In this situation, the patient may experience unneeded suffering, or even death. The doctor could have committed malpractice by not diagnosing the condition properly.

Proving that a hospital or doctor did not treat you properly is a lengthy and difficult process. Evidence can come from a range of sources, such as medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist in obtaining and understanding the evidence, as well as representing you in the process of depositions.

It is vital to understand that only healthcare professionals can be sued for malpractice. Nurses and doctors, as opposed to receptionists working in medical centers are expected to follow the current standards of care. That means that medical malpractice lawsuits professionals should be able to anticipate the consequences in light of their expertise and knowledge.

Damages

In medical malpractice claims, courts hear about monetary damages that are intended to compensate the victim. These damages may include future and past medical bills and lost wages, as well as the disfigurement caused by pain and suffering and loss of enjoyment of life. In some cases the punitive damages may be awarded. These are reserved for the most egregious behavior that society is interested in stopping.

A medical malpractice claim typically begins with the filing of a civil summons and complaint in the court. The parties will then proceed to discovery. This is which requires the plaintiff and defendants to are required to give testimony under oath. This could include requesting documents like medical records taking depositions of those who are involved in a lawsuit and interviewing witnesses.

One of the primary elements to prove in a medical malpractice case is that the doctor owed an obligation under law to provide care and treatment to the patient. The second aspect is that the doctor breached his obligation by failing to follow the medical standards of practice. The third element 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 a lawsuit for medical malpractice has to be filed) differ from state to the state. In New York, the statute of limitations is two years and six months (30 months) from the date which the act that led to medical malpractice took place.