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What Is a Medical Malpractice Claim?

A medical malpractice lawsuit negligence claim involves the patient complaining of carelessness by a healthcare worker. The patient, or his or his or her estate in the case of a deceased patient must establish that the negligence caused injury or harm.

Medical malpractice lawsuits are generally filed in state trial courts. The patient who is suffering from the injury must prove four legal elements in order to win the case:

Duty of care

In order to prove a legal claim, a plaintiff must show that he or she was obliged to perform a task by a third party and that they failed to fulfill the obligation. In medical malpractice cases this is the duty of medical professionals to provide the right standard of care to their patients. Expert testimony is usually used to determine this.

Expert witnesses help to determine the proper medical standards and then explain how a doctor did not follow the standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then show that this error was directly responsible for the victim's injuries.

Expert testimony is crucial since jurors are often unfamiliar with anatomy and seen a lot of medical dramas. In the case of medical malpractice this is especially important since it can be difficult to establish a standard of care. In a case of medical malpractice, the standard refers to the level of skill and care quality, as well as degree of diligence that other doctors with similar specialties have under similar circumstances.

Typically, experts in medical malpractice claims are surgeons or physicians with similar training and board certifications. It is often difficult to locate an expert willing to testify about poor treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error which harms the patient, it is considered medical malpractice. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims involve complex laws and issues, making them difficult to prove. However, a qualified medical malpractice lawyer will examine the facts of your case to determine if a doctor has violated his or her obligation to the patient.

Your attorney will establish there was a doctor-patient connection between you and your physician, which is essential in any malpractice claim. Your attorney will scrutinize your physician's decisions and actions to determine whether the standards of care in your state for doctors with similar backgrounds, training, and geographic location is met.

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 did not meet these standards and caused injury to you.

Proving a breach of duty is usually simple with the help of the research of your attorney and expert witnesses. Those experts can testify as to how the doctor's actions did or did not meet the standard of care and then explain how a medical professional in similar circumstances would have behaved differently. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will look over your medical records, test and prescription results, imaging scans, and prescriptions to create a strong case that the breach of duty by your physician directly caused your injuries.

Causation

Medical errors can increase the dangers of a wide range of treatments. To prove causality in a malpractice case the injured person must demonstrate a direct link between the negligence alleged and their injury. In many cases, expert witness is required, along with assistance of a medical malpractice lawsuits malpractice attorney.

For instance, a mistake in diagnosing an illness or disease is a common error. If doctors fail to recognize cancer or other conditions the result could have devastating consequences for the patient. In this instance, the patient could suffer excessive pain or even die. By failing to diagnose the condition correctly, the doctor may have committed malpractice.

Proving that a hospital or doctor did not treat you properly can be difficult and time-consuming. Evidence can come from a variety sources, such as medical records, test results, expert witness testimony and depositions. Your lawyer can help you with obtaining and interpreting this evidence, as being your advocate during the process of depositions.

It is vital to understand that only healthcare professionals are liable for negligence. Doctors and nurses, in contrast to receptionists working in medical centers are expected to adhere to current standards of medical care. This means that medical professionals should be able to predict the effects based on their skills and education.

Damages

In medical malpractice cases, courts will be hearing about financial settlements intended to pay injured patients. These types of damages can include past and future medical bills, lost wages, disfigurement, pain and suffering and loss of enjoyment of life. Punitive damages may be awarded in certain circumstances. They are reserved for criminal acts that society is trying to deter.

A medical malpractice case begins with the filing in the court of an administrative summons. The parties will then engage in discovery. This is a process that requires both parties to make statements under oath. This can include requesting the exchange of documents such as medical records, taking depositions from parties who are involved in the lawsuit, and conducting interviews with witnesses.

In a claim for medical malpractice it is crucial to establish that the doctor was legally bound to provide medical treatment and care to the patient. The other element to establish 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 caused harm to the patient.

It is important to remember that the statute of limitations (the legally-defined time frame 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 occurred.