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What Is a Medical Malpractice Claim?

A medical malpractice case is brought by patients who complain about the carelessness of a healthcare professional. The patient, or his or estate in the instance of a deceased patient must prove that the negligence caused injury or harm.

Medical malpractice lawsuits are typically 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

To establish a legal claim, a plaintiff must prove that he or she was legally obligated to perform a duty by an individual or a company and that they did not fulfill the obligation. In medical malpractice cases it is a doctor's obligation to provide their patients with the right standards of care. This is usually determined through expert testimony.

Expert witnesses can help determine the correct medical standards, and Medical Malpractice Lawsuit then demonstrate how a doctor deviated from these standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then prove that the deviation was directly responsible for the victim's injury.

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

Experts in medical malpractice cases are typically surgeons or physicians who have similar training and accreditation. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors to not admit to a case against one another) it isn't easy to find a qualified expert willing to provide evidence against a colleague in relation to poor care.

Breach of duty

Medical negligence occurs when a physician is negligent and hurts the patient. These errors can cause new injuries or exacerbate existing ones. Medical malpractice claims are difficult to prove due to complicated laws and concerns. However, a good medical malpractice lawyer will examine the facts of your case and determine whether a doctor breached his or her duty to the patient.

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

Physicians owe a duty to their patients to abide by these standards, without deviation or omission. A breach of duty means that the doctor failed to meet your expectations and this failure resulted in injury to you.

It is simple to establish an infraction of duty with the help of expert witnesses and your attorney's research. Expert witnesses can testify to the reasons why the doctor's actions did not meet the standard of care and also explain why a different medical professional in similar circumstances might have behaved differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will examine your medical records, test results, prescriptions and imaging scans to create an argument that proves the breach of duty by your doctor directly led to your injuries.

Causation

Medical errors can increase the dangers of a wide range of treatments. To prove causation, an injured patient must demonstrate that there is a direct link between the alleged negligence of a medical professional and their injury. In the majority of cases, expert testimony is required and the assistance of an attorney who specializes in medical malpractice.

Medical errors can be errors in diagnosis, such as misdiagnosing serious ailments or illnesses. If a doctor fails to diagnose cancer or another condition the result could have devastating consequences for the patient. In this case the patient may suffer unnecessary pain and even end up dying. The doctor could be negligent for not diagnosing the problem properly.

Proving that a doctor or hospital failed to treat you appropriately is a lengthy and difficult process. Evidence may come from a range of sources, such as medical records and test results, as well as expert witness testimony and depositions. Your attorney can assist you find and interpret this evidence, and also represent you during the deposition process.

It is important to note that only healthcare professionals are liable for negligence. In contrast to receptionists in medical centers nurses and doctors are expected to act in accordance to the standard of care. A medical professional should be able of predicting the outcome based on his education and expertise.

Damages

In medical malpractice claims the courts are able to determine monetary damages intended to compensate the victim. These damages could include past and future medical bills, lost wages, the disfigurement caused by pain and suffering and loss of enjoyment of life. In certain cases the punitive damages may be awarded; these are awarded to those who have committed particularly indecent actions that society has an interest in stopping.

A medical malpractice case starts by filing in court of a civil summons. Then, the parties will engage in discovery, which is a process that requires the plaintiff and defendants disclose statements under oath. This can include requesting the exchange of documents, such as medical records, taking depositions from those who are involved in the lawsuit, and conducting interviews with witnesses.

One of the primary elements to prove in a medical malpractice case is that the doctor had an obligation under law to provide medical care and treatment to the patient. The second part is that the doctor violated this duty by not adhering to the medical standard of practice. The third element is whether the breach resulted in 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.