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What Is a Medical Malpractice Claim?

A medical malpractice law firms malpractice case is brought by a patient who complains about the negligence of a healthcare worker. The patient, or his or estate in the instance of a deceased patient, must establish that the negligence caused injury or harm.

In general, lawsuits that claim medical negligence are filed in state trial court. The patient who is suffering from the injury must prove four legal elements to prevail in the case:

Duty of care

In any legal action in any legal matter, the plaintiff must show that another person or entity owed them a duty of care and failed to meet that obligation. In the case of medical malpractice it is a physician's obligation to provide their patients with the right standard of care. Expert testimony is often used to determine this.

Expert witnesses help determine the proper medical standards and then show how a doctor did not follow the guidelines in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that the deviation was directly at fault for the injury suffered by the victim.

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

Experts in medical malpractice cases are typically fellow physicians or surgeons who have the same training and certification. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers employ to describe the tendency of doctors to not admit to a case against one another) it can be difficult to locate an expert with the qualifications to be a witness against a colleague for sub-standard care.

Breach of duty

Medical negligence occurs when a physician is negligent and hurts the patient. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims are difficult to prove due to complicated laws and concerns. However, a skilled medical malpractice lawyer will analyze the facts of your case and determine if the doctor has breached his or her obligation to the patient.

Your attorney will establish a doctor/patient relationship between 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 meet what is referred to as the standard of care for doctors of similar training, experience and geographical location within your state.

Physicians must follow the guidelines that are set by their patients without omission or deviation. A breach of duty means that the doctor failed to meet your expectations and caused you injury.

It is easy to prove a breach of duties with the help of experts and your attorney's investigation. Experts can testify to the reasons why the doctor's actions did not meet the standards of care and explain how another medical professional in similar circumstances would have acted differently. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records tests, prescriptions, test results and imaging scans in order to construct an argument that proves the breach of duty of your physician directly led to your injuries.

Causation

Medical mistakes can increase the risk of a wide range of treatments. In order to prove causation, the patient must prove a direct connection between the alleged negligence of a doctor and their injury. In many cases, this requires expert testimony and the assistance of a medical malpractice lawyer.

For instance, misdiagnosing a condition or a serious illness is a common medical error. If doctors fail to recognize cancer or another disease, it can have severe consequences for the patient. In this instance the patient could experience unnecessarily pain and may even end up dying. The doctor could have committed a mistake by not properly diagnosing the condition.

The process of proving that your doctor or hospital was negligent in their treatment of you isn't easy and takes a lot of time. The evidence you require could be from many sources, including medical reports and test results, as and expert testimony from witnesses and oral depositions. An attorney can help you gather and interpret the evidence and also assist you during the deposition process.

It is vital to understand that only healthcare professionals are liable for negligence. As opposed to receptionists in medical facilities nurses and doctors are expected to operate in accordance with prevailing standards of care. A medical professional should be able to anticipate outcomes based on qualifications and education.

Damages

In medical malpractice cases, courts will consider monetary compensations designed to compensate injured patients. These damages can include past or future medical bills as well as loss of earnings in the event of pain and discomfort disfigurement, or loss of enjoyment of living. Punitive damages can be awarded in some cases. These are reserved for criminal acts that society is trying to deter.

A medical malpractice case usually starts with the filing of a civil summons as well as a complaint in the court. The parties follow up with discovery. It is a process that requires both parties to are required to give testimony under oath. This could involve requesting the exchange of documents such as medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.

One of the primary elements to establish in a medical malpractice case is that the physician had a legal duty to provide care and treatment to the patient. The second element is that the doctor breached this obligation by not adhering to the medical standards of practice. The third aspect is whether the breach caused injury 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 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 the date that the underlying cause of medical malpractice took place.