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What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by an individual who is unhappy with the negligence of a healthcare worker. The patient, or or his estate in the event of a deceased patient 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 party who is claiming damages must demonstrate four legal elements:

Duty of care

To establish a legal claim, a plaintiff needs to prove that he or she was in the position of being owed a duty by another person or organization and that they failed to perform the obligation. In the case of medical malpractice, this involves a physician's obligation to provide their patients with the right standards of medical care. This is typically determined through expert testimony.

Expert witnesses help determine the proper medical standards and then demonstrate how a doctor deviated from those standards in their treatment of the patient. A plaintiff's attorney who is suing for medical malpractice has to demonstrate that the deviation caused the victim's injuries.

Expert testimony is vital because jurors are usually not knowledgeable about anatomy and have watched a lot medical dramas. In medical malpractice claims, this is particularly important because it can be difficult to establish the appropriate standard of care. In the context of a medical malpractice case the standard of care refers to the degree of skill of the practitioner, the quality of treatment, and the level of dedication possessed by other physicians in similar specialties under similar circumstances.

Experts in medical malpractice cases are usually fellow physicians or surgeons who have the same training and accreditation. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers employ to describe the tendency of doctors not to testify against one another) It isn't easy to find an expert who is qualified to provide evidence against a colleague in relation to poor care.

Breach of duty

If a doctor commits an error that harms the patient, it is considered medical malpractice. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are complicated issues and laws, which makes them difficult to prove. However, a reputable medical malpractice lawyer will analyze the circumstances of your case and determine if a doctor violated his or her obligation to the patient.

Your attorney will establish a doctor-patient relation between you and your doctor that is required for any malpractice claim. Your attorney will also analyze your physician's actions and decisions to determine whether they complied with what is known as the standard of care for doctors of similar training, experience and geographical location within your state.

Physicians are required to adhere to the standards established by their patients without deviation or omission. Breaching that duty means the doctor failed to meet those expectations and that failure caused harm to you.

It is simple to establish the breach of duty by using expert witnesses and your attorney's investigation. Experts can testify to how the doctor's actions did or did not meet the standard of care and describe how a different medical professional in similar circumstances might have different actions. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will review your medical documents, test and prescription results, imaging scans and prescriptions in order to build a strong case that the breach of duty by your physician directly caused your injuries.

Causation

Most treatments carry a level of risk, but medical errors can add to those dangers. To prove causality, the injured patient must prove an immediate connection between the alleged negligence of the doctor and their injury. In many instances this will require expert testimony and the assistance of a medical malpractice lawyer.

Medical errors could include errors in diagnosis, such as misdiagnosing serious diseases or conditions. A doctor's inability to recognize cancer or any other medical condition, can have serious consequences for the patient. In this situation the patient could suffer unneeded suffering, or even death. If the doctor failed to diagnose the condition properly, the doctor may have committed malpractice.

Proving that a doctor or hospital treated you negligently can be difficult and time-consuming. Evidence could come from a number of sources, including medical records and test results, as well as expert witness testimony and depositions. An attorney can help you find and interpret the evidence, and also represent you during the deposition process.

It is also important to remember that only a healthcare professional is liable for malpractice. Doctors and nurses, unlike receptionists in medical centers, are expected to adhere to current standards of treatment. Medical professionals must have the ability to predict outcomes based on qualifications and education.

Damages

In medical malpractice cases, courts will consider monetary compensations designed to compensate injured patients. These damages may include past and future medical bills loss of wages, the disfigurement caused by pain and suffering and loss of enjoyment of life. In some cases the punitive damages may be awarded. These are awarded to those who have committed particularly indecent behavior that society is interested in preventing.

A medical malpractice lawsuit begins with the filing in court of an administrative summons. The parties will then begin discovery. This is a process which requires the plaintiff and defendants to make statements under oath. This may include the request of medical records, for instance, taking depositions of parties involved in a lawsuit as well as interviewing witnesses.

One of the first elements to prove in a medical negligence case is that the doctor owed the legal obligation to provide healthcare and treatment to the patient. The second thing to prove is that the doctor acted in breach of the duty by failing to adhere to the medical malpractice attorneys standard of care. The third factor is that the breach resulted in injury to the patient.

It is vital to be aware that the statutes of limitations (the legally-defined time period within which an action for medical malpractice must be filed) vary from state to the state. In New York, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.