What Is a Medical Malpractice Claim?
A medical malpractice claim is brought by an individual who is unhappy with the negligence of a healthcare worker. The patient, or his or his or her estate in the case of a deceased patient must show that the negligence caused injury or harm.
In general, lawsuits claiming medical negligence are filed in state court. To prevail in a lawsuit the aggrieved party must prove four elements of law:
Duty of care
To prove a legal claim, a plaintiff needs to demonstrate that he/she was legally obligated to perform a duty by a person or an organization and that they failed to perform it. In medical malpractice cases, this involves a physician’s duty to provide their patients with the right standards of treatment. Expert testimony is often used to determine this.
Expert witnesses can help determine proper standards for medicine and then explain the ways in which a physician has deviated from these standards in treating a patient. A plaintiff’s attorney who is suing for medical malpractice has to show that the deviance caused the victim’s injuries.
Using expert testimony is essential for jurors, since the majority of jurors have only a basic understanding of anatomy and are exposed to many medical dramas. In medical malpractice claims, this is particularly important because it can be difficult to establish the standard of care. In a medical malpractice law firm malpractice case the standard of care is referred to the level of expertise as well as the quality of treatment and the level of dedication possessed by other physicians in similar specialties in similar situations.
Generally, experts in medical malpractice cases are surgeons or physicians with similar qualifications and board certifications. Due to the “conspiracy of silence” among a lot of doctors (a term lawyers use to describe the tendency of doctors to not testify against one another), it is often difficult to find an expert who is qualified to testify against a colleague regarding inadequate care.
Breach of duty
Medical malpractice occurs when a physician is negligent and hurts the patient. These errors can cause new injuries or even worsen existing ones. Medical malpractice claims are challenging to prove since they are based on complicated laws and concerns. However, a reputable medical malpractice lawyer will analyze the circumstances of your case and determine if a doctor has violated his or her obligation to the patient.
Your attorney will establish a doctor/patient relationship between you and your physician, which is necessary to prove a malpractice claim. Your attorney will examine the decisions and actions of your physician to determine whether the standard of care in your state for doctors who have similar training, background, and geographic location is fulfilled.
Physicians owe a duty to their patients to observe these standards, without deviation or omission. A breach of duty means that the physician did not meet your expectations, and this has caused injury to you.
Proving a breach of duty is typically straightforward with the help of the research of your attorney and expert witnesses. Experts can testify that the doctor’s actions did not meet the standard of medical care and provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will examine your medical records, test results, prescriptions and imaging scans in order to construct an argument that your physician’s breach of duty directly contributed to your injuries.
Causation
The majority of treatments carry a degree of risk, however medical errors can increase the dangers. In order to prove causality, the injured patient has to show that there is a direct link between the alleged negligence of the medical professional and their injury. In many instances this requires expert testimony and the help of a medical malpractice lawyer.
Medical errors include the misdiagnosis of serious illnesses or conditions. If a doctor fails to diagnose cancer or another illness, it can have severe consequences for the patient. In this instance the patient could be suffering in pain that is not needed and could even end up dying. In the absence of diagnosing the condition properly the doctor could have committed a mistake.
Proving that a medical malpractice attorneys professional or hospital did not treat you properly is a lengthy and difficult process. Evidence could come from range of sources, such as medical records, test results, expert witness testimony and depositions. Your attorney can help you locate and interpret this evidence and also assist you during the deposition process.
It is important to know that only healthcare professionals can be sued for malpractice. Nurses and doctors, in contrast to receptionists in medical malpractice attorneys facilities, are expected to follow the current standards of treatment. Medical professionals must be able of predicting consequences based on his or qualifications and education.
Damages
In medical malpractice cases, the courts will be hearing about financial compensations designed to pay compensation to injured patients. These damages can be based on future or past medical bills as well as loss of earnings in the event of pain and discomfort disfigurement or loss of enjoyment living. Punitive damages can be awarded in some cases. They are reserved for criminal acts that society is trying to discourage.
A medical malpractice case begins with the filing in court of an administrative summons. The parties will then engage in discovery. This is where the plaintiff and defendants make statements under oath. This could involve requesting the exchange of documents such as medical records, taking depositions from those who are involved in the lawsuit, and conducting interviews with witnesses.
In a medical malpractice case, it is important to prove that the physician was legally bound to provide medical treatment and care to the patient. The other element to establish is that the doctor acted in breach of the duty by failing to adhere to the medical standard of care. 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-required time frame within which an action for medical malpractice has to be filed) differ from state to the state. In New York, the statute of limitations is two years and six months (30 months) from the date which the act that led to medical malpractice occurred.
