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What Is a Medical Malpractice Claim?

A medical malpractice claim is the patient complaining of carelessness of a healthcare worker. The patient, medical malpractice or or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.

Legal actions claiming medical malpractice are typically 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, the plaintiff must demonstrate that they was obliged to perform a task by an individual or a company and that they did not fulfill it. In the case of medical negligence, it is the obligation of medical professionals to provide the highest standard of care for their patients. Expert testimony is usually used to determine this.

Expert witnesses can assist in determining appropriate standards of medical treatment and then reveal the ways in which a physician has deviated from these standards in treating patients. A plaintiff's medical malpractice attorney must prove that the error was directly responsible for the victim's injury.

Expert testimony is vital because jurors are usually unfamiliar with anatomy and have watched a lot medical dramas. In the case of medical malpractice, this is particularly important since it can be difficult to establish the standard of care. In a medical malpractice case the standard of care is referred to the level of skill, quality of treatment and degree of diligence possessed by other doctors in comparable specialties under similar circumstances.

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

Breach of duty

If a doctor makes an error that hurts the patient, this is considered medical malpractice. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims are complicated laws and issues, making them difficult to prove. A competent medical malpractice lawyer will evaluate your case to determine if a physician has violated their obligation to you.

Your attorney will establish a doctor-patient relationship between you and your physician, which is necessary to prove a malpractice claim. Your attorney will review the decisions and actions of your physician to determine if the standard of care in your state for doctors who have similar training, experience and geographical location is satisfied.

Physicians are required by their patients to adhere to these standards without omission or deviation. A breach of duty means that the physician did not meet your expectations, and this has caused you injury.

It is simple to prove that there was a breach of duty with the help of expert witnesses and your attorney's investigation. Expert witnesses can testify to why the doctor's actions did not meet the standards of care and explain how another medical professional in similar circumstances would have behaved differently. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will look over your medical records, prescription and test results, imaging scans, and prescriptions to create a strong case that the breach of duty committed by your doctor directly led to your injuries.

Causation

All treatments come with a level of risk, but medical errors can add to those dangers. To prove the cause of malpractice in a claim, an injured patient must demonstrate a direct link between the alleged negligence and the injury. In many cases, expert witness is required and the assistance of a medical malpractice attorney.

For example, not diagnosing an illness or illness is a common medical error. If a doctor fails to diagnose cancer or another illness the result could have devastating consequences for the patient. In this case the patient may suffer excessive pain or even end up dying. The doctor could be negligent for not diagnosing the condition properly.

Proving that your doctor, or hospital did not treat you properly is a lengthy and difficult process. The evidence needed could include numerous sources, including medical records and test results, as and expert testimony from witnesses and oral depositions. Your lawyer can assist you find and interpret the evidence, and also represent you during the deposition process.

It is important to note that only healthcare professionals are liable for malpractice. Doctors and nurses, unlike receptionists at medical centers, are expected to adhere to current standards of care. That means that medical professionals should be able to predict the effects depending on their experience and knowledge.

Damages

In medical malpractice cases courts will hear about financial damages that are intended to compensate the victim. These damages could include the cost of medical bills in the past or in the future, loss of wages, pain and discomfort, disfigurement or loss of enjoyment of living. In some cases, punitive damages are granted in certain cases. They are only awarded to the most egregious of actions that society would like to deter.

A medical malpractice lawsuit typically begins with the filing of a civil summons as well as a complaint in the court. Then, the parties will engage in discovery, a procedure through which the plaintiff and defendants are required to make disclosures under oath. This may include requesting documents like medical records, taking depositions of parties involved in a lawsuit and interviewing witnesses.

In a case of medical malpractice it is essential to prove that the physician was legally bound to provide treatment and medical care to the patient. The second thing to prove is that the doctor did not fulfill that duty by failing to follow the medical standard of care. The third factor is whether the breach resulted in injury to the patient.

It is crucial to remember that the statute of limitations (the legally-defined period within which a medical negligence claim must be filed) differs from state to 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 occurred.