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What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by the patient who complains about the carelessness of a healthcare professional. The patient, or his or his estate in the event of a deceased patient must demonstrate that the negligence was responsible for 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 to win a case:

Duty of care

In any legal case the plaintiff must show that another person or entity owed them a duty of care and then failed to fulfill this obligation. In medical malpractice cases it is a physician's obligation to provide their patients with the appropriate standard of treatment. This is usually determined through expert testimony.

Expert witnesses can help determine appropriate standards of medical treatment and then reveal how a physician has strayed from these guidelines when treating patients. A medical malpractice lawyer for a plaintiff must then prove that the error was directly accountable for the injury of the victim.

Expert testimony is essential since jurors typically have only a basic understanding of anatomy, and they watch numerous medical dramas. In the case of medical malpractice, this is particularly important because it can be difficult to establish the standard of care. In a medical malpractice claim the standard refers to the level of competence in the field, the quality of care provided and the level of diligence that other physicians in similar specialties have under similar circumstances.

Experts in medical malpractice cases are usually surgeons or doctors who have similar training and accreditation. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers use to describe the tendency of doctors not to admit to a case against one another), it is often difficult to find an expert with the right qualifications to defend a colleague against poor care.

Breach of duty

Medical negligence occurs when a physician is negligent and hurts the patient. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims involve complex issues and laws, which makes them difficult to prove. However, a reputable medical malpractice lawyer will analyze the facts of your case and determine if the doctor has breached his or her obligation to the patient.

Your attorney will establish there was a doctor-patient connection between you and your physician which is required for any malpractice claim. Your attorney will also analyze your doctor's actions and decisions to determine whether 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 respect the standards that are set by their patients without omission or deviation. A breach of duty implies that the doctor failed to meet your expectations and resulted in injury.

Proving that a breach of duty occurred is typically straightforward with the help of your attorney's research and expert witnesses. Expert witnesses can testify to the reasons why the doctor's actions did not conform to the standards of care and describe how a different medical professional in similar circumstances would have different actions. Your lawyer should also be able to 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 in order to build a strong case that the breach of duty committed by your physician directly caused your injuries.

Causation

All treatments come with a degree of risk, however medical errors can increase those dangers. To prove the causality, a patient who has suffered an injury must establish a direct connection between the alleged negligence of a doctor and their injury. In many cases this will require expert testimony and the assistance of a medical malpractice lawyer.

For example, misdiagnosing an illness or illness is a common medical error. A doctor's inability to recognize cancer or other conditions may have serious implications for the patient. In this situation the patient may suffer unnecessary pain and even die. In failing to recognize the condition correctly the doctor could have committed a lapse of judgment.

Proving that a hospital or doctor did not treat you properly can be a long and tedious process. The evidence you require could be from numerous sources, such as medical reports and test results, as and expert witness testimony and oral depositions. Your attorney can assist in obtaining and interpreting this evidence, as representing you in the process of depositions.

It is also important to know that only healthcare professionals is liable for misconduct. Doctors and nurses, unlike receptionists in medical facilities, are expected to follow the current standards of medical care. A medical professional should be able to predict outcomes based on their education and experience.

Damages

In medical malpractice claims the courts consider monetary damages intended to compensate the patient who was injured. The damages may include the cost of medical bills in the past or in the future as well as loss of earnings or income, pain and disfigurement or loss of enjoyment of living. In some cases punitive damages can also be awarded. These are awarded to those who have committed particularly indecent actions that society is interested in stopping.

A medical malpractice case usually begins with filing a civil summons and complaint in the court. The parties will then begin discovery. This is a process that requires both parties to take oaths to make statements. This could involve the request of medical records, for instance and depositions of the parties involved in a lawsuit, and interviewing witnesses.

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

It is important to remember that the statute of limitations (the legally-defined period within which a medical malpractice lawsuits malpractice claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.