What Is a Medical Malpractice Claim?
A medical malpractice case involves a patient who complains of negligence by a healthcare worker. The patient, or his or estate in the instance of a deceased patient, must establish that the negligence caused injury or harm.
Lawsuits alleging medical malpractice are typically filed in state trial courts. To win a lawsuit, the party who is claiming damages must prove four elements of law:
Duty of care
In any legal case, the plaintiff needs to show that another person or entity had a legal obligation to care and then did not fulfill that obligation. In the case of medical malpractice, this involves a physician's obligation to provide their patients with the appropriate standards of care. This is typically determined through expert testimony.
Expert witnesses can help determine appropriate standards of medicine and then show how a doctor has deviated from these standards while treating the patient. A plaintiff's medical malpractice attorney must then prove that the error was directly accountable for the injury of the victim.
Expert testimony is vital, as most jurors have only a basic understanding of anatomy, and they watch numerous
medical malpractice attorneys dramas. In the case of medical malpractice this is especially important because it is often difficult to establish the standards of care. In a medical malpractice claim, the standard refers to the level of expertise, quality of care and level of care that other doctors in similar specialties have under similar circumstances.
Experts in medical malpractice cases are usually surgeons or doctors with similar training and certification. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors not to testify against each other) It can be challenging to find an expert with the right qualifications to defend a colleague against inadequate care.
Breach of duty
Medical negligence occurs when a physician commits a mistake that harms the patient. These errors can lead to new injuries or make existing ones worse. Medical malpractice claims can be difficult to prove since they are based on complicated laws and issues. A competent medical malpractice lawyer will evaluate your case to determine if the doctor has violated their obligation to you.
Your attorney will establish a doctor-patient relation between you and your physician that is required for any malpractice claim. Your attorney will scrutinize your doctor's actions and decisions to determine whether the standard of care in your state for doctors who have similar training, experience and geographical location is in place.
Physicians are required by their patients to observe these standards without deviation or omission. If they violate this duty, it means that the doctor did not meet the expectations of his patients and resulted in injury to you.
Proving a breach of duty is typically straightforward with the help of the research of your attorney and expert witnesses. Expert witnesses can testify to how the doctor's actions did or did not conform to the standards of care and explain how another medical professional in similar circumstances might have performed differently. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will examine your medical documents, test and prescription results, imaging scans and prescriptions to make an argument that proves the breach of duty by the doctor directly contributed to your injuries.
Causation
All treatments come with a degree of risk, however medical errors can increase those dangers. To prove causality in a malpractice case an injured patient must establish a direct connection between the alleged negligence and their injuries. In many instances, expert testimony is required along with the assistance from an attorney who specializes in medical malpractice.
Medical errors can include the misdiagnosis of serious illnesses or conditions. If doctors fail to recognize cancer or another condition the result could have devastating consequences for the patient. In this situation, the patient could suffer excessive pain or even end up dying. The doctor could have committed a malpractice by not diagnosing the problem properly.
Proving that a doctor or hospital did not treat you properly can be difficult and time-consuming. The evidence you require could be from numerous sources, such as medical records and test results, as in addition to expert witness testimony and oral depositions. Your attorney can assist you obtain and interpret this evidence, as well as assist you during the deposition process.
It is also important to note that only a healthcare professional can be sued for misconduct. Unlike receptionists at medical centers nurses and doctors must act in accordance to the standard of care. This means that
Medical Malpractice Law Firm professionals should be able to foresee consequences in light of their expertise and education.
Damages
In medical malpractice cases, the courts will hear about monetary compensations to help injured patients. These damages can be based on past or future medical bills or wages lost in the event of pain and discomfort disfigurement or loss of enjoyment living. Punitive damages may be awarded in a few cases. They are only awarded to criminal acts that society is trying to discourage.
A medical malpractice case begins by filing in court of a civil summons. Then, the parties engage in discovery, which is a process where the plaintiffs and defendants disclose statements under an oath. This could involve requesting the exchange of documents, such as medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.
In a medical malpractice claim it is vital to prove that the physician was legally bound to provide treatment and medical care to the patient. The second element is that the doctor breached his duty by failing to adhere the medical standard of care. The third factor is that the breach caused harm to the patient.
It is crucial to understand that the statutes of limitations (the legally-required time frame within which an action for medical malpractice must be filed) differ from state to states. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.