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What Is a Medical Malpractice Claim?

A medical malpractice claim involves a patient complaining about the negligence of a healthcare professional. The patient (or the estate of the patient if the patient has passed away) must prove that the negligence caused injury or harm.

In general, lawsuits alleging medical negligence are filed in the state trial court. To prevail in a lawsuit the aggrieved party has to demonstrate four legal elements:

Duty of care

To establish a legal claim, a plaintiff needs to prove that he or she was legally obligated to perform a duty by a third party and that they failed to meet the obligation. In medical malpractice cases this is the responsibility of a doctor to provide the proper level of care to their patients. Expert testimony is usually used to determine this.

Expert witnesses can help determine the appropriate standards of medical treatment and then reveal how a doctor departed from these standards in treating the patient. A plaintiff's attorney who is suing for medical malpractice must then establish that the deviation was responsible for the victim's injuries.

Expert testimony is vital as jurors are typically not familiar with anatomy and have seen a lot of medical dramas. In the case of medical malpractice this is especially important as it is often difficult to establish a standard of care. In a medical malpractice lawsuit, the standard refers to the level of expertise and care quality, as well as degree of diligence other doctors in similar specialties have under similar circumstances.

Generally, experts in medical malpractice claims are fellow physicians or surgeons who have the same training and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers employ to describe the tendency of doctors to not be able to testify against each other) It can be difficult to locate an expert who is qualified to defend a colleague against inadequate care.

Breach of duty

Medical malpractice occurs when a physician makes a mistake that hurts the patient. Those mistakes can cause new injuries or make existing ones worse. Medical malpractice cases are a complex set of laws and issues, making them difficult to prove. A reputable medical malpractice lawyer will investigate your case to determine if a physician has violated their obligation to you.

Your attorney will establish a doctor-patient relationship between you and your doctor which is required for any malpractice claim. Your attorney will also look into the actions and decisions of your physician to determine whether they complied with what is known as the standard of care for doctors of similar backgrounds, training and geographical location within your state.

Doctors owe it to their patients to adhere to these standards, without deviation or omission. Breaching that duty means the doctor was not able to meet those expectations and that failure caused harm to you.

Proving that a breach of duty occurred is typically straightforward with the help of the research of your attorney and expert witnesses. Experts can prove that the doctor's actions weren't in line with the standards of medical care and explain why a different medical professional would have acted 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 malpractice attorneys records and test results, prescriptions and imaging scans to build a convincing case that the breach of duty of your physician directly caused your injuries.

Causation

Most treatments carry a degree of risk, but medical errors can increase the risks. To prove causality, a patient who has suffered an injury must demonstrate a direct connection between the alleged negligence of a medical professional and their injury. In many instances this will require expert testimony and the help of a lawyer for medical malpractice.

For instance, a mistake in diagnosing an illness or illness is a common medical error. If the doctor fails to identify cancer or another disease this could have serious consequences for the patient. In this scenario the patient may suffer unnecessary suffering and even death. The doctor could be negligent for not diagnosing the problem properly.

Finding out if your doctor or hospital was negligent in the treatment you received isn't easy and takes a lot of time. The evidence you require could be from various sources, such as medical records and test results as in addition to expert witness testimony and oral depositions. Your attorney can help you obtain and interpret this evidence as well as represent you during the deposition process.

It is important to note that only healthcare professionals can be sued for negligence. Nurses and doctors, as opposed to receptionists in medical facilities, are expected to adhere to current standards of medical care. That means that a medical professional must be able of predicting the outcomes based on their skills and knowledge.

Damages

In medical malpractice cases, courts will hear about monetary compensations that are meant to pay compensation to injured patients. The damages may include past or future medical bills and lost wages as well as pain and discomfort, disfigurement or loss of enjoyment living. In some instances punitive damages could also be awarded. These are reserved for the most egregious behavior that society is interested in deterring.

A medical Malpractice law Firm malpractice case typically begins with the filing a civil summons as well as a complaint in the court. The parties then proceed to discovery. This is a procedure in which the defendant and plaintiff take oaths to make statements. This may include the exchange of documents, such as medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.

One of the most important elements to establish in a medical malpractice case is that the doctor had the legal obligation of providing care and treatment to the patient. The second element to prove is that the doctor acted in breach of this duty by failing follow the medical standard of care. The third aspect is that the breach caused injury to the patient.

It is important to note 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 on which the underlying act of medical malpractice took place.