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What Is a Medical Malpractice Claim?

A medical negligence claim involves the patient claiming carelessness of a healthcare worker. The patient (or his or her estate if the patient has passed away) must prove that the negligence caused injury or harm.

In general, lawsuits claiming medical negligence are filed in state trial court. To prevail in a lawsuit, the aggrieved party must prove four elements of law:

Duty of care

In any legal matter, the plaintiff needs to show that another person or entity had a legal obligation to care, and they failed to perform this obligation. In the case of medical malpractice, it is the responsibility of medical professionals to provide the right level of care to their patients. This is typically determined through expert testimony.

Expert witnesses can assist in determining the proper standards for medicine and then explain how a physician has strayed from these standards when treating patients. A plaintiff's medical malpractice attorney must then prove that the deviation was directly accountable for the injury of the victim.

Expert testimony is essential as jurors are typically unfamiliar with anatomy and have watched a number of medical dramas. This is especially relevant in medical malpractice claims as it is difficult to establish a reasonable standard of care. In medical malpractice cases, the standard of care is referred to the skill level, quality of treatment and the level of diligence displayed by other doctors with similar specialties in similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have a similar education and certification. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors to not speak against each other), it can be challenging to find an expert who is qualified to be a witness against a colleague for sub-standard care.

Breach of duty

If a doctor makes an error which harms the patient, this is medical malpractice. These errors can cause new injuries or worsen existing ones. Medical malpractice claims are difficult to prove since they are based on complicated laws and issues. A good medical malpractice attorney will review your case to determine if a physician has breached their duty to you.

Your attorney will determine if the relationship was between a doctor and patient you and your doctor, which is essential for any malpractice claim. Your attorney will review your physician's decisions and actions to determine whether the standard of care in your state for doctors with similar training, experience and geographical location is satisfied.

Physicians are required to follow the standards that their patients have set without omission or deviation. In breach of this duty, the doctor did not fulfill these standards and resulted in injury to you.

Proving the breach of duty is typically straightforward with the help of the research of your attorney and expert witnesses. Experts can testify to why the doctor's actions did not meet the standards of care and describe how a different medical professional in similar circumstances would have behaved differently. Your lawyer should also tie the breach of duty to your injuries and damages. Your lawyer will review your medical records and test results, Medical malpractice attorney prescriptions and imaging scans to build a convincing case that the breach of duty by your doctor directly contributed to your injuries.

Causation

Most treatments come with some degree of risk, however medical errors can increase the risks. To prove the causation of a malpractice claim, an injured patient must prove a direct connection between the alleged negligence and the injury. In many cases, expert witness is required along with the assistance of a medical malpractice attorney.

Medical errors can be errors in diagnosis, such as misdiagnosing serious illnesses or conditions. The failure of a doctor to recognize cancer or other conditions can have severe consequences for patients. In this scenario the patient may suffer unnecessarily pain and may even end up dying. The doctor may have committed a mistake by not diagnosing the issue properly.

Proving that a doctor or hospital failed to treat you appropriately can be difficult and time-consuming. The evidence required could come from various sources, including medical records and test results as and expert witness testimony and oral depositions. Your attorney can assist you find and interpret this evidence, as well as assist 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. A medical professional must be able to anticipate the outcome based on their education and experience.

Damages

In medical malpractice cases, the courts will hear about monetary compensations that are meant to help injured patients. These damages could include past or future medical bills or wages lost or income, pain and disfigurement or loss of enjoyment living. In some instances, punitive damages may also be awarded. These are reserved for particularly serious behavior that society has an interest in preventing.

A medical malpractice lawsuit typically begins with the filing of a civil summons as well as a complaint in the court. Then, the parties engage in discovery, a procedure through which the plaintiff and defendants will make public statements under swearing. This could include seeking medical records or other documents and depositions of the parties involved in a lawsuit and interviewing witnesses.

One of the first elements to prove in a medical negligence case is that the doctor had the legal obligation of providing medical care and treatment to the patient. The second aspect to prove is that the doctor did not fulfill that duty by failing to adhere to the medical standard of care. The third factor 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 negligence claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and medical Malpractice attorney six month (30 months) after the date of the medical malpractice.