What Is a Medical Malpractice Claim?

A medical malpractice claim is filed by the patient who complains about the carelessness of a healthcare professional. The patient, or or his estate in the event of a deceased patient, must prove that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. To prevail in a lawsuit the party who is claiming damages must prove four elements of law:

Duty of care

To establish a legal claim, a plaintiff needs to demonstrate that they was in the position of being owed a duty by another person or organization and that they failed to fulfill it. In the case of medical malpractice this is the physician's obligation to provide their patients with the appropriate standards of medical care. This is typically determined through expert testimony.

Expert witnesses help to determine the appropriate medical standards and then explain how a doctor deviated from the standards in their treatment of the patient. A lawyer representing a plaintiff for medical malpractice has to establish that the deviation was responsible for the victim's injuries.

Expert testimony is vital, as jurors are often unfamiliar with anatomy and have seen a lot of medical dramas. In medical malpractice claims this is crucial because it can be difficult to establish the appropriate standard of care. In Sealy Medical malpractice lawyer malpractice cases, the standard of care refers to the level of expertise in the treatment, its quality and degree of diligence possessed by other physicians in similar specialties in similar circumstances.

Generally, experts in medical malpractice cases are fellow physicians or surgeons with similar qualifications and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors to not testify against each other) It can be difficult to locate an expert with the qualifications to defend a colleague against poor care.

Breach of duty

Medical malpractice occurs when a physician makes a mistake that hurts the patient. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims are difficult to prove since they are based on complicated laws and issues. However, a reputable medical malpractice lawyer will examine the circumstances of your case and determine if a doctor has violated his or her obligation to the patient.

Your attorney will establish a doctor/patient relationship between you and your physician which is required for any malpractice claim. Your attorney will also examine your doctor's actions and decisions to determine if they meet what is referred to as the standard of care for doctors with similar training, background and geographical location in your state.

Physicians have a responsibility to their patients to observe these standards, without deviation or omission. A breach of duty means that the doctor didn't meet your expectations, and this has caused you injury.

It is simple to prove the breach of duty with the help of experts and your attorney's research. Experts can testify that the doctor's actions did not meet the standards of medical care and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer should also be able to link the breach of duty with your injuries and damages. Your lawyer will review your medical records, test results, prescriptions and imaging scans to make a convincing case that the breach of duty of your physician directly resulted in your injuries.

Causation

Most treatments carry a degree of risk, but medical errors can increase those dangers. To prove causality in a malpractice case, an injured patient must prove a direct connection between the alleged negligence and the injury. In many cases, expert witness is required and the assistance from a medical malpractice lawyer.

For instance, misdiagnosing a condition or a serious illness is a common error. A doctor's inability to recognize cancer, or any other condition, can have serious consequences for a patient. In this scenario the patient may suffer unnecessary suffering and even death. The doctor may be negligent for not diagnosing the problem properly.

Proving that a medical professional or hospital did not treat you properly is a lengthy and difficult process. The evidence needed could include many sources, such as medical reports and test results, as well as expert testimony from witnesses and oral depositions. Your attorney can help you find and interpret the evidence and also assist you during the deposition process.

It is important to note that only healthcare professionals are liable for negligence. Doctors and nurses, unlike receptionists in medical centers, are expected to adhere to current standards of treatment. A waverly medical malpractice lawyer professional must have the ability to predict the outcome based on their education and experience.

Damages

In medical malpractice claims the courts are able to determine monetary damages that are intended to compensate the injured person. The damages may include future or past medical bills as well as loss of earnings or income, pain and disfigurement, or loss of enjoyment of living. Punitive damages may be awarded in certain circumstances. These are reserved for criminal acts that society is trying to deter.

A medical malpractice case starts with the filing in the court of an administrative summons. Then, the parties engage in discovery, a process where the plaintiffs and defendants will make public statements under swearing. This may include the exchange of documents like medical records, taking depositions from parties who are involved in the lawsuit, and conducting interviews with witnesses.

One of the most important elements to prove in a medical malpractice case is that the physician had an obligation under law to provide care and treatment to the patient. The second thing to establish is that the doctor acted in breach of the obligation by failing to adhere to the medical standard of care. The third factor is whether the breach caused injury to the patient.

It is important to know that the statutes of limitations (the legally-imposed timeframe within which a lawsuit for medical malpractice has to be filed) differ from state the 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.