What Is a Medical Malpractice Claim?
A medical malpractice case involves a patient complaining about negligence by a healthcare worker. The patient (or the estate of the patient should the patient die) must prove that the negligence caused injury or harm.
Medical malpractice lawsuits are typically filed in state trial courts. To win a lawsuit, the aggrieved party has to prove four elements of law:
Duty of care
In any legal matter the plaintiff must show that another person or entity was liable to them for a duty of care, and they failed to fulfill this duty. In medical malpractice cases, it is the obligation of medical professionals to provide the proper standard of care for their patients. Expert testimony is typically used to establish this.
Expert witnesses help determine the correct medical standards, and then explain how a doctor was not following the standards in their treatment of the patient. A plaintiff's medical malpractice attorney must prove that the deviation was directly responsible for the victim's injuries.
Expert testimony is vital for jurors, since the majority of jurors do not have a good understanding of anatomy, and they watch a lot of medical dramas. This is especially relevant when it comes to medical malpractice claims, as it isn't easy to establish a reasonable standard of care. In medical malpractice cases, the standard of care refers to the level of expertise, quality of treatment and the level of dedication possessed by other doctors in comparable specialties in similar circumstances.
Experts in medical malpractice cases are typically fellow physicians or surgeons who have the same training and certification. It is often difficult to find an expert willing to testify regarding substandard medical treatment due to the "conspiracy" of silence among doctors.
Breach of duty
When a doctor makes an error which harms the patient, it is considered medical malpractice. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice claims can be complicated laws and issues, making them difficult to prove. However, a reputable
medical malpractice lawyer will review the circumstances of your case and determine if a doctor has violated his or her duty to the patient.
Your attorney will establish a doctor-patient relation between you and your physician which is essential to prove a malpractice claim. Your attorney will also look into your physician's actions and decisions to determine if they complied with what is known as the standard of care for doctors with similar education, background and geographic location in your state.
Physicians have a duty to follow the standards set forth by their patients without deviation or omission. A breach of that duty means that the doctor did not meet those standards and resulted in harm to you.
Proving the breach of duty is generally straightforward with the aid of your attorney's research and expert witnesses. Experts can testify that the doctor's actions didn't meet the standard of medical treatment and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will review your medical documents, test and prescription results, imaging scans and prescriptions to create solid evidence that the breach of duty committed by your physician directly caused your injuries.
Causation
Medical errors can increase the risks of most treatments. To prove causality, a patient who has suffered an injury must prove an unambiguous connection between the negligence of the doctor and their injury. In the majority of cases, expert testimony is required,
medical malpractice lawsuits along with assistance of a medical malpractice attorney.
For example, not diagnosing an illness or illness is a common error. If the doctor fails to identify cancer or another condition it could result in severe consequences for the patient. In this scenario the patient could suffer unneeded suffering, or even death. The doctor may have committed malpractice by not diagnosing the issue properly.
Proving that your doctor, or hospital was negligent in their treatment of you isn't easy and takes a lot of time. Evidence can come from a variety of sources, including
medical malpractice lawyers records tests, medical records, expert witness testimony and depositions. Your attorney can help you find and interpret the evidence and also assist you during the deposition process.
It is important to know that only healthcare professionals can be sued for negligence. Unlike receptionists at medical centers nurses and doctors must act according to the standards of care. This means that medical professionals should be able to anticipate the consequences based on their skills and knowledge.
Damages
In medical malpractice cases, the judges will hear about monetary compensations to compensate injured patients. These damages could include future and past medical bills and lost wages, as well as pain and suffering, disfigurement, and loss of enjoyment of life. In some cases the punitive damages may be awarded. These are reserved for particularly serious behavior that society is interested in stopping.
A medical malpractice lawsuit begins with the filing in the court of an administrative summons. The parties then begin discovery. This is a procedure which requires the plaintiff and defendants to give statements under oath. This may include requesting documents like medical records as well as deposing parties involved in a lawsuit as well as interviewing witnesses.
In a claim for medical malpractice it is vital to prove that the doctor was legally bound to provide treatment and care to the patient. The second element is that the doctor violated that obligation by not adhering to the medical standard of care. The third element is that the breach caused harm to the patient.
It is important to note that the statute of limitations (the legally-defined period within which a medical malpractice 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 when the underlying incident of medical malpractice took place.