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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 her estate should the patient die) must prove that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are usually filed in state trial courts. The patient who is affronted must prove four legal elements to prevail in the case:

Duty of care

In any legal claim, the plaintiff needs to demonstrate that a third party or entity owed them a duty of care and then did not fulfill that obligation. In medical malpractice cases it is a doctor's obligation to provide their patients with the proper standards of care. Expert testimony is typically used to establish this.

Expert witnesses can help determine the proper standards for medical practice and then demonstrate the ways in which a physician has deviated from these standards when treating a patient. A plaintiff's medical malpractice attorney must then prove that the error was directly accountable for the injury of the victim.

Expert testimony is crucial as jurors are typically unfamiliar with anatomy and have watched a lot medical dramas. In medical malpractice claims this is especially important because it can be difficult to establish the standard of care. In the context of a medical malpractice case, the standard of care refers to the level of expertise, quality of treatment and the level of dedication possessed by other doctors with similar areas of expertise in similar circumstances.

Generally, experts in medical malpractice claims are fellow physicians or surgeons with similar training and board certifications. It isn't easy to find an expert willing to testify about substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error which harms the patient, it is medical malpractice. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice claims are complicated issues and laws, which makes them difficult to prove. However, a reputable medical malpractice lawyer will look into the circumstances of your case and determine if a doctor has violated his or her duty to the patient.

Your attorney will determine if a doctor-patient relationship existed between you and your doctor, which is necessary for any malpractice claim. Your attorney will also look into your doctor's actions and decisions to determine if they meet what is referred to as the standard of care for doctors with similar training, background and geographical location in your state.

Doctors are required to adhere to the standards that their patients have set without omission or deviation. A breach of duty means that the doctor didn't meet your expectations and this failure caused you injury.

Proving the breach of duty is usually straightforward with the help of your attorney's research and Medical Malpractice expert witnesses. Experts can testify to how the doctor's actions do not meet the standards of care and also explain why a different medical professional in similar circumstances would have acted differently. Your lawyer must also tie the breach of duty to your injuries and damages. Your lawyer will review your medical records, prescription and test results, imaging scans, and prescriptions to create solid evidence that the breach of duty by your doctor directly led to your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove causation, the patient must establish an immediate connection between the alleged negligence of the doctor and their injuries. In many instances, this requires expert testimony and the assistance of a medical malpractice lawyer.

For instance, misdiagnosing an illness or illness is a common medical error. The failure of a doctor to recognize cancer or other conditions may have serious implications for a patient. In this scenario the patient may suffer excessive pain or even end up dying. The doctor could have committed a malpractice by not diagnosing the condition properly.

Finding out if your doctor or hospital did not treat you properly can be a long and complicated process. Evidence can come from a number of sources, including medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist you with obtaining and interpreting this evidence, as well representing you in the process of depositions.

It is important to know that only healthcare professionals can be sued for negligence. In contrast to receptionists in medical centers, doctors and nurses are expected to behave in accordance with prevailing standards of care. This means that a medical professional must be able of predicting the outcomes in light of their expertise and education.

Damages

In medical malpractice lawsuits, courts hear about monetary damages to compensate the patient who was injured. These types of damages can include past and future medical bills loss of wages, the disfigurement caused by pain and suffering, and loss of enjoyment of life. Punitive damages are granted in certain cases. These are awarded only to criminal acts that society is trying to deter.

A medical malpractice case usually starts with the filing of an civil summons and complaint in court. The parties then engage in discovery, a procedure where the plaintiffs and defendants will make public statements under swearing. This could involve requesting the exchange of documents, such as medical records, deposing parties who are involved in the lawsuit, and conducting interviews with witnesses.

One of the first things to prove in a medical malpractice case is that the doctor was under the legal obligation to provide care and treatment to the patient. The second part is that the doctor violated this obligation by failing to follow the medical malpractice law firms standard of care. The third aspect is that the breach caused injury 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 the state. In New York, the statute of limitations is two years and six months (30 months) from the date which the underlying act of medical malpractice occurred.