What Is a Medical Malpractice Claim?
A medical malpractice claim is the patient complaining of carelessness of a healthcare worker. The patient (or his or
Medical malpractice Law Firm her estate if the patient has passed away) must prove that the negligence resulted in injury or harm.
Medical malpractice lawsuits are generally filed in state trial courts. To prevail in a lawsuit the aggrieved party has to demonstrate four legal elements:
Duty of care
To establish a legal claim, the plaintiff must prove that he or she was legally obligated to perform a duty by a person or an organization and that they failed to perform it. In the case of medical malpractice it is a doctor's duty to provide their patients with the proper standards of care. Expert testimony is often used to determine this.
Expert witnesses can help determine the proper standards for medical treatment and then reveal how a doctor departed from these standards in treating a patient. A plaintiff's attorney who is suing for medical malpractice must then demonstrate that the deviation caused the victim's injuries.
Expert testimony is vital for jurors, since the majority of jurors do not have a good understanding of anatomy and have watched several medical dramas. This is especially important in medical malpractice claims as it isn't easy to establish a reasonable standard of care. In the context of a medical malpractice case, the standard of care refers to the degree of skill as well as the quality of treatment and degree of diligence possessed by other doctors in comparable specialties under similar circumstances.
Typically, experts in medical malpractice claims are surgeons or fellow doctors with similar training and board certifications. It isn't easy to find an expert willing to testify about substandard care due to the "conspiracy" of silence among doctors.
Breach of duty
Medical malpractice occurs when a doctor makes an error that hurts the patient. These errors can lead to new injuries or make preexisting ones worse. Medical malpractice claims can be difficult to prove due to complicated laws and
medical malpractice Law firm issues. However, a good medical malpractice lawyer will review the facts of your case to determine if the doctor has breached his or her obligation to the patient.
Your attorney will establish a doctor-patient relation between you and your doctor which is required to prove a malpractice claim. Your attorney will also examine your physician's actions and decisions to determine if they complied with what is known as the standard of care for doctors with similar backgrounds, training and geographic location in your state.
Physicians are required to follow the guidelines established by their patients without deviation or omission. A breach of duty means that the doctor failed to meet your expectations and caused injury to you.
Proving the breach of duty is usually simple with the help of your attorney's research and expert witnesses. Experts can testify that the doctor's actions did not meet the standards of medical care and explain why a different medical professional would have acted differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will review your medical records, test results, prescriptions and imaging scans in order to construct a solid case that the breach of duty committed by your physician directly contributed to your injuries.
Causation
Medical errors can increase the dangers of most treatments. In order to prove causation, the patient must demonstrate a direct connection between the negligence of the doctor and their injuries. In many instances, expert testimony is required, along with assistance from a medical malpractice attorney.
For example, misdiagnosing a condition or a serious illness is a common error. If a doctor fails to diagnose cancer or another illness, it can have severe consequences for the patient. In this instance the patient may suffer unnecessary pain and even end up dying. If the doctor failed to diagnose the condition properly, the doctor may have committed malpractice.
Proving that your doctor or hospital did not treat you properly is a lengthy and difficult process. The evidence you require could be from various sources, including medical reports and test results as well as expert witness testimony and oral depositions. Your lawyer can assist you obtain and interpret this evidence as well as represent you during the deposition process.
It is also important to note that only a healthcare professional is liable for malpractice. Contrary to receptionists at medical facilities, doctors and nurses are expected to act in accordance with prevailing standards of care. That means that medical professionals must be able to anticipate the consequences from their skills and education.
Damages
In medical malpractice cases, judges will hear about monetary compensations to help injured patients. These damages can include past or future medical bills and lost wages, pain and discomfort, disfigurement, or loss of enjoyment living. In some cases, punitive damages are awarded in certain circumstances. They are reserved for those who commit crimes that society wishes to discourage.
A medical malpractice case typically begins with filing a civil summons or complaint in the court. The parties then engage in discovery, a procedure that requires the plaintiff and defendants make statements under an oath. This can include requesting the exchange of documents like medical records, taking depositions from parties involved in the lawsuit and conducting interviews with witnesses.
One of the first elements to prove in a
Medical Malpractice Law Firm negligence case is that the doctor was under an obligation under law to provide medical care and treatment to the patient. The second is that the doctor violated that duty by not adhering to the
medical malpractice law firm standard of care. The third factor is that the breach resulted in harm to the patient.
It is vital to be aware that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice must be filed) vary from state the state. In New York, the statute of limitations is two years and six months (30 months) from the date on the date that the underlying cause of medical malpractice occurred.