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What Is a Medical Malpractice Claim?

A medical malpractice claim is a patient who complains of negligence by a healthcare worker. The patient (or his or her estate if the patient has passed away) must show that the negligence caused injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. To prevail in a lawsuit, the aggrieved party must prove four elements of law:

Duty of care

In any legal case the plaintiff must demonstrate that a third party or entity owed them a duty of care and failed to meet that duty. In medical malpractice cases, it is the obligation of doctors to provide the highest standard of care for their patients. This is usually determined through expert testimony.

Expert witnesses can help determine the proper standards for medicine and then explain the ways in which a physician has deviated from these standards while treating a patient. A medical malpractice lawyer for a plaintiff must then prove that the deviation was directly responsible for the victim's injuries.

Expert testimony is crucial, as jurors are often not familiar with anatomy and have watched a lot medical dramas. This is particularly important in medical malpractice cases since it can be difficult to establish a proper standard of care. In the context of a medical malpractice case, the standard of care is referred to the level of skill as well as the quality of treatment and degree of diligence possessed by other doctors in comparable areas of expertise in similar circumstances.

The majority of experts in medical malpractice claims are surgeons or fellow doctors with similar qualifications and board certifications. It can be difficult to locate an expert willing to testify regarding substandard medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error that causes harm to the patient, this is medical malpractice. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice claims are challenging to prove because they involve complicated laws and issues. However, a reputable medical malpractice lawyer, Fpcom published a blog post, will analyze the circumstances of your case and determine if the doctor has breached his or her obligation to the patient.

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

Doctors owe it to their patients to observe these standards without omission or deviation. A breach of duty means that the doctor did not meet your expectations, and this has resulted in injury.

It is easy to prove the breach of duty with the assistance of experts and your attorney's investigation. Those experts can testify as to how the doctor's actions do not meet the standards of care and explain how another medical professional in similar circumstances might have performed differently. Your lawyer must also tie the breach of duty with your injuries and damages. Your attorney will look at your medical records and test results, prescriptions and imaging scans to build an argument that the breach of duty committed by your physician directly caused your injuries.

Causation

Most treatments carry a degree of risk, but medical malpractice attorney errors can exacerbate those dangers. To prove causation, the patient must demonstrate an immediate connection between the negligence of the doctor and the injury. In many instances, this requires expert testimony and the assistance of a medical malpractice lawyer.

Medical errors include, for example, misdiagnosing serious diseases or conditions. A doctor's inability to recognize cancer or any other medical condition can have severe consequences for the patient. In this case, the patient could suffer unnecessarily pain and may even die. If the doctor failed to diagnose the condition properly, the doctor may have committed a malpractice.

Proving that a medical professional or hospital has treated you in a negligent manner isn't easy and takes a lot of time. The evidence needed may include many sources, such as medical records and test results, as and expert testimony from witnesses and oral depositions. Your attorney can help you obtain and interpret this evidence, and also represent you during the deposition process.

It is vital to understand that only healthcare professionals can be sued for malpractice. Doctors and nurses, in contrast to receptionists in medical facilities, are expected to follow the current standards of care. That means that medical professionals must be able to predict the effects in light of their expertise and education.

Damages

In medical malpractice claims the courts are able to determine monetary damages that are intended to compensate the victim. These types of damages can include future and past medical bills loss of wages, pain and suffering, disfigurement and loss of enjoyment of life. In some cases the punitive damages may be awarded. These are reserved for the most egregious behaviour that society has an interest in preventing.

A medical malpractice case begins with the filing in the court of an administrative summons. Then, the parties will engage in discovery, which is a process through which the plaintiff and defendants will make public statements under oath. This could involve asking for medical records, taking depositions of parties involved in a lawsuit as well as interviewing witnesses.

In a medical malpractice claim it is crucial to prove that the physician was legally bound to provide medical treatment and care to the patient. The second element to establish is that the doctor breached that duty by failing to follow the medical standard of care. The third factor is that the breach caused harm to the patient.

It is vital to be aware that the statutes of limitations (the legally-defined time period within which a lawsuit for medical malpractice has to be filed) vary from state the state. In New York, the statute of limitations is two years and six months (30 months) from the date on which the underlying act of medical malpractice took place.