What Is a Medical Malpractice Claim?

A medical negligence claim involves the patient complaining of negligence by a healthcare worker. The patient, or or her estate in the case of a deceased patient, must demonstrate that the negligence was responsible for injury or harm.

In general, lawsuits alleging medical negligence are filed in state trial court. The patient who is suffering from the injury must prove four legal elements to win the case:

Duty of care

In order to prove a legal claim, a plaintiff needs to demonstrate that he/she was owed a duty of duty by another person or organization and that they failed to fulfill it. In medical malpractice cases, this involves a physician's obligation to provide their patients with the right standard of treatment. Expert testimony is often used to establish this.

Expert witnesses can assist in determining appropriate standards of Dexter Medical Malpractice Attorney practice and then demonstrate how a physician has strayed from these guidelines when treating a patient. A lawyer representing a plaintiff for medical malpractice needs to demonstrate that the deviation caused the victim's injuries.

Expert testimony is essential since jurors typically do not have a good understanding of anatomy, and they watch many medical dramas. In the case of medical malpractice it is crucial since it can be difficult to establish the standards of care. In a medical malpractice claim, the standard of care refers to the degree of skill in the treatment, its quality and the level of dedication possessed by other doctors with similar specialties in similar circumstances.

The majority of experts in medical malpractice claims are surgeons or fellow doctors with similar training and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors not to be able to testify against one another), it can be difficult to locate a qualified expert willing to testify against a colleague regarding sub-standard care.

Breach of duty

If a doctor commits an error which harms the patient, it is medical malpractice. The mistakes could cause new injuries or make preexisting ones worse. Medical malpractice claims are difficult to prove due to complicated laws and issues. However, a qualified medical malpractice lawyer will look into the circumstances of your case and determine if a doctor violated his or her duty to the patient.

Your attorney will determine if there was a doctor-patient connection between you and your physician which is necessary for any malpractice claim. Your attorney will also analyze your physician's actions and decisions to determine whether they complied with what is referred to as the standard of care for doctors of similar backgrounds, training and geographical location within your state.

Physicians have a responsibility to their patients to adhere to these standards, without deviation or omission. Breaching that duty means the doctor was not able to meet these standards and resulted in harm to you.

Proving the breach of duty is generally straightforward with the aid of your attorney's research and expert witnesses. Experts can prove that the doctor's actions did not meet the standards of medical care and explain why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will review your medical records, test and prescription results, imaging scans, and prescriptions to build solid evidence that the breach of duty committed by your physician directly caused your injuries.

Causation

Most treatments come with some degree of risk, but medical errors can increase those dangers. To prove the causation of a malpractice claim an injured patient must establish a direct link between the negligence alleged and their injuries. In the majority of cases, expert testimony is required as well as assistance from an attorney who specializes in medical malpractice.

For example, not diagnosing an illness or illness is a frequent medical error. If doctors fail to recognize cancer or another condition it could result in severe consequences for the patient. In this scenario the patient could be suffering unnecessary pain and even die. In failing to recognize the problem correctly, the doctor may have committed malpractice.

Proving that your doctor, or hospital was negligent in the treatment you received is a lengthy and difficult process. Evidence may come from a range of sources, such as medical records, test results, expert witness testimony and depositions. An attorney can help you locate and interpret this evidence, as well as assist you during the deposition process.

It is also important to remember that only a healthcare professional can be sued for negligence. Contrary to receptionists at medical facilities nurses and doctors are expected to behave in accordance with prevailing standards of care. A medical professional must be able to predict outcomes based on qualifications and education.

Damages

In medical malpractice claims the courts consider monetary damages that are designed to compensate the injured patient. These damages may include past and future medical bills loss of wages, disfigurement, pain and suffering, and loss of enjoyment of life. Punitive damages can be awarded in some cases. They are only awarded to criminal acts that society is trying to deter.

A medical malpractice claim typically begins with the filing of an civil summons and complaint in court. Then, the parties engage in discovery, a process that requires the plaintiff and defendants are required to make disclosures under the oath. This could involve requesting the exchange of documents such as pleasantville medical malpractice law firm records, taking depositions from parties involved in the lawsuit and conducting interviews with witnesses.

One of the first things to prove in a medical negligence case is that the doctor had the legal obligation to provide care and treatment to the patient. The second element to establish is that the doctor violated this duty by failing follow the medical standard of care. The third factor is that the breach caused injury to the patient.

It is important to remember 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, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.