What Is a Medical Malpractice Claim?

A medical malpractice claim involves a patient complaining about negligence by a healthcare worker. The patient, or his or his or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.

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

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 meet that duty. In medical malpractice cases, it is the duty of a doctor to provide the highest level of care to their patients. This is usually determined by expert testimony.

Expert witnesses can help determine proper standards for medical practice and then demonstrate how a doctor has deviated from these standards while treating the patient. A medical malpractice lawyer for a plaintiff must prove that the error was directly accountable for the injury of the victim.

Expert testimony is crucial as jurors are typically unfamiliar with anatomy and have seen a variety of medical dramas. This is particularly relevant in medical malpractice claims as it is often difficult to establish a proper standard of care. In the context of a medical malpractice case, the standard of care refers to the skill level, quality of treatment and degree of diligence possessed by other doctors in comparable specialties in similar situations.

Experts in medical malpractice cases are usually fellow physicians or surgeons with similar training and certification. It can be difficult to find an expert willing to testify against substandard care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a doctor makes a mistake that hurts the patient. These errors can lead to new injuries or make existing ones worse. Medical malpractice cases are a complex set of laws and issues, making them difficult to prove. However, a reputable 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 relationship between you and your doctor, which is necessary to prove a malpractice claim. Your attorney will examine your doctor's actions and decisions to determine the level of care in your state for doctors with similar training, backgrounds and geographical location is met.

Physicians have a responsibility to their patients to abide by these standards, without deviation or omission. A breach of duty implies that the doctor did not meet your expectations and this failure resulted in injury to you.

Proving that a breach of duty occurred is usually straightforward with the help of your attorney's research and expert witnesses. Expert witnesses can testify to why the doctor's actions do not meet the standards of care and then explain how a medical professional in similar circumstances might have performed differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will review your medical records, test results, prescriptions and imaging scans to build a convincing case that the breach of duty by your doctor directly led to your injuries.

Causation

The majority of treatments carry a degree of risk, but live oak medical malpractice attorney errors can increase the risks. To prove the causation, the patient must establish an unambiguous connection between the negligence of the medical professional and their injury. In many cases, expert witness is required, along with assistance from 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 any other illness can have severe consequences for patients. In this scenario the patient could experience unnecessary suffering and even death. The doctor could have committed a mistake by not properly diagnosing the condition.

Proving that your doctor or hospital did not treat you properly isn't easy and takes a lot of time. The evidence needed may include various sources, including medical reports and test results as in addition to expert testimony from witnesses and oral depositions. Your attorney can assist in obtaining and interpreting the evidence, as well representing you in the process of depositions.

It is crucial to remember that only healthcare professionals are liable for negligence. In contrast to receptionists in medical centers nurses and doctors must act in accordance to the standard of care. This means that a medical professional should be able to predict the effects from their skills and education.

Damages

In medical malpractice cases, the courts will hear about monetary compensations that are meant to pay compensation to injured patients. The damages may include the cost of medical bills in the past or in the future, loss of wages in the event of pain and discomfort disfigurement or loss of enjoyment living. In some instances, punitive damages may also be awarded. These are reserved for particularly egregious behavior that society is interested in preventing.

A medical malpractice lawsuit begins by filing in court of a civil summons. The parties then proceed to discovery. This is a process in which the defendant and plaintiff are required to give testimony under oath. This may include the request of medical records, for instance, taking depositions of parties involved in a lawsuit and interviewing witnesses.

In a claim for medical malpractice it is essential to establish that the doctor was legally obligated to provide medical treatment and care to the patient. The second aspect is that the doctor breached this obligation by failing to follow the howard medical malpractice attorney standards of practice. The third factor is whether the breach caused injury to the patient.

It is important to know that the statutes of limitations (the legally-required time frame within which an action for medical malpractice must be filed) differ from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date which the act that led to medical malpractice occurred.