15 Best Documentaries About Medical Malpractice Lawyers

What Is a Medical Malpractice Claim?

A medical malpractice case involves the patient claiming the negligence of a healthcare professional. The patient (or his or her estate if the patient died) must prove that the negligence led to injury or harm.

Legal actions claiming medical malpractice are typically filed in state trial courts. To prevail in a lawsuit, the aggrieved party must prove four elements of law:

Duty of care

In any legal matter, the plaintiff has to demonstrate that a third party or entity had a legal obligation to care and then failed to fulfill this duty. In medical malpractice cases it is a doctor's obligation to provide their patients with a proper standard of treatment. This is usually determined by expert testimony.

Expert witnesses can help determine the proper medical standards and then explain how a doctor did not follow the guidelines in their treatment of the patient. A plaintiff's medical malpractice attorney must then prove that this error was directly at fault for the injury suffered by the victim.

Expert testimony is essential since jurors typically are not aware of anatomy, and they watch several medical dramas. This is especially important in medical malpractice attorneys malpractice cases as it is often difficult to establish a proper standard of care. In a medical malpractice case, the standard refers to the level of competence in the field, the quality of care provided and the level of care that other doctors in similar specialties in similar circumstances.

The majority of experts in medical malpractice claims are fellow surgeons or doctors with similar training and board certifications. Due to the "conspiracy of silence" among many doctors (a term lawyers employ to describe the tendency of doctors not to speak against each other) It is often difficult to find an expert who is qualified to defend a colleague against poor care.

Breach of duty

Medical malpractice happens when a doctor is negligent and hurts the patient. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are complicated issues and laws, which makes them difficult to prove. However, a good medical malpractice lawyer will review the circumstances of your case and determine if a doctor violated his or her obligation to the patient.

Your attorney will determine if a doctor-patient relationship existed between you and your physician which is essential for lawyers any malpractice claim. Your attorney will also look into the actions and decisions of your physician to determine whether they complied with what is referred to as the standard of care for doctors with similar training, background and geographical location in your state.

Doctors are required to respect the standards set forth by their patients without omission or deviation. A breach of duty implies that the physician did not meet your expectations and resulted in injury.

Proving that a breach of duty occurred is usually simple with the help of the research of your attorney and expert witnesses. Experts can prove that the doctor's actions did not meet the standard of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer should also tie the breach of duty to your injuries and damages. Your attorney will scrutinize your medical records, test and prescription results, imaging scans and prescriptions to create solid evidence that the breach of duty by your doctor directly caused your injuries.

Causation

Most treatments carry a level of risk, but medical errors can increase the dangers. To prove causality, a patient who has suffered an injury must demonstrate an immediate connection between the alleged negligence of a doctor and the injury. In many cases, expert witness is required and the assistance of an attorney for medical malpractice.

Medical errors can be mistakes in diagnosis, for instance, misdiagnosing serious ailments or illnesses. The failure of a doctor to recognize cancer, or any other condition, can have serious consequences for the patient. In this situation the patient may suffer in pain that is not needed and could even end up dying. In failing to recognize the condition properly the doctor could have committed a lapse of judgment.

Proving that a doctor or hospital has treated you in a negligent manner can be a long and tedious process. The evidence required could come from numerous sources, including medical reports and lawyers test results, as in addition to expert testimony from witnesses and oral depositions. Your attorney can assist with obtaining and interpreting the evidence as well as representing you in the process of depositions.

It is important to know that only healthcare professionals are liable for malpractice. Contrary to receptionists at medical facilities, doctors and nurses must act according to the standards of care. A medical professional should be able to predict the outcome based on her education and skills.

Damages

In medical malpractice cases, the courts will consider monetary settlements intended to compensate injured patients. These damages could include future or past medical bills as well as loss of earnings, pain and discomfort, disfigurement or loss of enjoyment living. In certain cases the punitive damages may be awarded; these are reserved for the most egregious conduct that society has an interest in stopping.

A medical malpractice case begins with the filing in court of a civil summons. The parties then engage in discovery. This is in which the defendant and plaintiff give statements under oath. This could involve requesting documents like medical records as well as deposing parties involved in a lawsuit as well as interviewing witnesses.

In a medical malpractice claim it is crucial to prove that the physician was legally bound to provide treatment and medical care to the patient. The second is that the doctor violated that obligation by failing to follow the medical standard of practice. The third element is that the breach resulted in harm to the patient.

It is important to remember that the statute of limitations (the legally-defined time frame within which a medical negligence 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 when the underlying incident of medical malpractice took place.