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What Is a Medical Malpractice Claim?

A medical malpractice case is brought by patients who complain about the carelessness of a healthcare professional. The patient, or or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.

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

Duty of care

To prove a legal claim, the plaintiff must demonstrate that he/she was legally obligated to perform a duty by a person or an organization and that they did not fulfill the obligation. In the case of medical malpractice this is the physician's obligation to provide their patients with the proper standard of medical care. Expert testimony is usually used to establish this.

Expert witnesses help determine the appropriate medical standards and then show how a doctor was not following the guidelines in their treatment of the patient. A medical malpractice lawyer for a plaintiff must prove that the error was directly responsible for the victim's injury.

Expert testimony is essential since jurors typically have only a basic understanding of anatomy, and they watch many medical dramas. This is particularly relevant when it comes to medical malpractice claims, as it is difficult to establish a proper standard of care. In a medical malpractice case, the standard of care is referred to the level of expertise as well as the quality of treatment and the level of diligence displayed by other doctors with similar specialties in similar circumstances.

In general, experts in medical malpractice cases are surgeons or physicians with similar training and board certifications. It can be difficult to find an expert willing to testify about substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a doctor is negligent and hurts the patient. These errors can cause new injuries or even worsen existing ones. Medical malpractice claims are difficult to prove since they are based on complex laws and issues. A competent medical malpractice lawyer will evaluate your case to determine if a physician has breached their duty to you.

Your attorney will establish there was a doctor-patient relationship between you and your physician which is essential in any malpractice claim. Your attorney will also examine the actions and decisions of your physician to determine if they complied with what is known as the standard of care for doctors of similar training, background and geographical location in your state.

Physicians must follow the standards set forth by their patients without deviation or omission. If they violate this duty, it means that the doctor did not meet those standards and caused harm to you.

It is easy to prove an infraction of duty by using expert witnesses and your attorney's research. Experts can testify that the doctor's actions weren't in line with the standards of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will look at your medical records as well as test results, prescriptions and imaging scans to make an argument that the breach of duty by your doctor directly contributed to your injuries.

Causation

Medical errors can increase the risks of many treatments. To prove the cause of malpractice in a claim an injured patient must establish a direct connection between the alleged negligence and their injuries. In many instances this will require expert testimony and the help of a lawyer for medical malpractice.

Medical errors could include, for example, misdiagnosing serious ailments or illnesses. If a doctor fails to diagnose cancer or another disease, it can have severe consequences for the patient. In this situation the patient could experience excessive suffering, and even die. In failing to recognize the problem correctly the doctor could have committed malpractice.

The process of proving that your doctor or hospital was negligent in the treatment you received is a lengthy and difficult process. Evidence can come from a variety sources, such as medical records, test results, expert witness testimony and depositions. Your attorney can assist in obtaining and interpreting this evidence, as well as representing you in the process of depositions.

It is important to know that only healthcare professionals can be sued for malpractice. Unlike receptionists at medical centers, doctors and nurses are expected to act in accordance with prevailing standards of care. This means that medical professionals should be able of predicting the outcomes based on their skills and knowledge.

Damages

In medical malpractice claims courts will hear about financial damages that are intended to compensate the injured patient. These types of damages can include past and future medical bills loss of wages, disfigurement and pain, and loss of enjoyment of life. In some cases, punitive damages are awarded in a few cases. They are only awarded to criminal acts that society is trying to deter.

A medical malpractice lawsuit typically begins with the filing a civil summons or complaint in court. The parties then begin discovery. It is a process in which the defendant and plaintiff take oaths to make statements. This could involve the request of medical records, for instance, taking depositions of parties involved in a lawsuit and interviewing witnesses.

In a medical malpractice claim it is essential to establish that the doctor was legally obligated to provide care and treatment to the patient. The second aspect is that the doctor breached his duty by not adhering to the standard of medical practice. The third aspect is whether the breach caused harm to the patient.

It is crucial to remember 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 on the date that the underlying cause of medical malpractice took place.