What Is a Medical Malpractice Claim?
A medical negligence claim involves a patient who complains of the negligence of a healthcare professional. The patient (or the estate of the patient should the patient die) must show that the negligence resulted in injury or harm.
Lawsuits alleging medical malpractice are usually filed in state trial courts. The patient who is aggrieved must demonstrate four legal aspects to win a case:
Duty of care
In any legal action in any legal matter, the plaintiff must demonstrate that a third party or entity was liable to them for a duty of care, and they failed to fulfill this obligation. In medical malpractice cases this is the duty of doctors to provide the highest quality of care to their patients. Expert testimony is usually used to establish this.
Expert witnesses can assist in determining the proper standards for medicine and then explain how a physician has strayed from these standards when treating patients. A plaintiff's attorney for medical malpractice must establish that the deviation was responsible for the victim's injuries.
Expert testimony is vital since jurors are often not familiar with anatomy and have seen a variety of medical dramas. This is especially important in medical malpractice cases since it is often difficult to establish a minimum standard of care. In the context of a medical malpractice case, the standard of care refers to the level of skill in the treatment, its quality and degree of diligence possessed by other physicians in similar specialties in similar situations.
Experts in medical malpractice cases are typically fellow physicians or surgeons who have a similar education and certification. It is often difficult to find an expert who is willing to testify about substandard care due to the "conspiracy" of silence among doctors.
Breach of duty
If a doctor makes an error that harms the patient, this is considered medical malpractice. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice claims are difficult to prove due to complicated laws and concerns. However, a good
medical malpractice lawyer will examine the circumstances of your case and determine if the doctor has breached his or her duty 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 look into the actions and decisions of your physician to determine if they complied with what is referred to as the standard of care for doctors of similar backgrounds, training and geographical location within your state.
Physicians owe a duty to their patients to follow these standards without deviation or omission. If they violate this duty, it means that the doctor failed to meet those standards and resulted in harm to you.
Proving that a breach of duty occurred is typically straightforward with the help of your attorney's research and expert witnesses. Expert witnesses can testify to why the doctor's actions did not meet the standard of care and then explain how a medical professional in similar circumstances might have different actions. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will examine your
medical malpractice lawyers records and test results, prescriptions and imaging scans to build an argument that proves the breach of duty by your doctor directly resulted in your injuries.
Causation
All treatments come with a degree of risk, but medical errors can increase those dangers. To prove causation in a malpractice claim, an injured patient must prove a direct connection between the alleged negligence and their injuries. In many instances, expert testimony is required as well as assistance from a medical malpractice attorney.
For example, not diagnosing a condition or a serious illness is a frequent medical error. A doctor's inability to recognize cancer, or any other condition can have severe consequences for the patient. In this situation the patient may suffer excessive suffering, and even die. 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 treating you can be a long and complicated process. Evidence could come from variety of sources, including medical records, test results, expert witness testimony and depositions. Your attorney can assist you gather and interpret this evidence and also assist you during the deposition process.
It is also important to note that only a healthcare professional can be sued for negligence. As opposed to receptionists in
medical malpractice lawyers facilities nurses and doctors are expected to behave in accordance with prevailing standards of care. That means that a medical professional must be able to foresee consequences depending on their experience and knowledge.
Damages
In medical malpractice cases courts will hear about financial damages intended to compensate the injured person. These damages could include future or past medical bills and lost wages, pain and discomfort, disfigurement, or loss of enjoyment of living. In some cases, punitive damages are awarded in a few cases. These are reserved for the most egregious of actions that society would like to discourage.
A medical malpractice lawsuit typically starts with the filing of a civil summons and complaint in the court. The parties will follow up with discovery. This is a process in which the defendant and plaintiff give statements under oath. This could involve requesting documents like medical records as well as deposing parties involved in a lawsuit as well as interviewing witnesses.
One of the first things to prove in a medical negligence case is that the doctor was under an obligation under law to provide medical care and treatment to the patient. The second element is that the doctor violated this duty by not adhering to the standard of medical practice. The third factor is that the breach resulted in harm 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 on which the underlying act of medical malpractice occurred.
