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What Is a Medical Malpractice Claim?

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

Lawsuits alleging medical malpractice are usually filed in state trial courts. In order to win a lawsuit the party who is claiming damages must prove four elements of law:

Duty of care

In any legal case in any legal matter, the plaintiff must show that another person or entity owed them a duty of care and failed to perform this obligation. In medical malpractice cases this is the physician's duty to provide their patients with the proper standards of care. Expert testimony is usually used to determine this.

Expert witnesses assist in determining the appropriate medical standards and then demonstrate how a doctor violated those standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must prove that the error was directly responsible for the victim's injuries.

Expert testimony is essential because jurors are usually not knowledgeable about anatomy and have watched a number of medical dramas. In medical malpractice claims it is crucial since it can be difficult to establish the appropriate standard of care. In the context of a medical malpractice case the standard of care is referred to the level of skill, quality of treatment and the level of dedication possessed by other physicians in similar specialties under similar circumstances.

Generally, experts in medical malpractice claims are fellow surgeons or doctors with similar qualifications and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers use to describe the tendency of doctors to not be able to testify against each other), it is often difficult to find a qualified expert willing to provide evidence against a colleague in relation to sub-standard care.

Breach of duty

Medical malpractice occurs when a physician is negligent and hurts the patient. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are challenging to prove due to complicated laws and issues. A good Medical malpractice Law Firm malpractice attorney will review your case to determine whether a doctor has violated their obligation to you.

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

Physicians have a duty to respect the standards that their patients have set without omission or deviation. A breach of duty implies that the doctor did not meet your expectations, and this has caused injury to you.

Proving that a breach of duty occurred is usually straightforward with the help of your attorney's research and expert witnesses. Experts can testify that the doctor's actions did not meet the standards of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also link the breach of duty to your injuries and damages. Your lawyer will review your medical records and test results, prescriptions and imaging scans to make a convincing case that the breach of duty of your physician directly caused your injuries.

Causation

Most treatments come with some degree of risk, but medical errors can add to those risks. In order to prove causality, the injured patient must establish a direct connection between the alleged negligence of a doctor and their injuries. In many instances this requires expert testimony and the help of a lawyer for medical malpractice.

Medical errors could include, for example, misdiagnosing serious ailments or illnesses. If a doctor fails to diagnose cancer or other conditions the result could have devastating consequences for the patient. In this case the patient could be suffering unnecessarily pain and may even end up dying. The doctor may be negligent for not diagnosing the condition properly.

The process of proving that your doctor or hospital was negligent in treating you can be complicated and time-consuming. The evidence needed may include many sources, including medical records and test results as along with expert testimony from witnesses and oral depositions. An attorney can help you locate and interpret this evidence, and also represent you during the deposition process.

It is also important to remember that only a healthcare professional is liable for negligence. Doctors and nurses, unlike receptionists in medical facilities, are expected to adhere to current standards of care. That means that medical professionals must be able of predicting the outcomes based on their skills and knowledge.

Damages

In medical malpractice cases, courts will be hearing about financial compensations designed to help injured patients. These damages can be based on future or past medical bills, loss of wages or income, pain and disfigurement, or loss of enjoyment living. In some instances 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 claim typically begins with the filing of a civil summons or complaint in court. The parties then begin discovery. This is a process in which the defendant and plaintiff give statements under oath. This could include seeking medical records or other documents, taking depositions of parties who are involved in a lawsuit and interviewing witnesses.

One of the primary elements to prove in a medical negligence case is that the doctor owed the legal obligation to provide medical treatment and care to the patient. The second thing to prove is that the doctor did not fulfill that duty by failing to adhere to the medical standard of care. The third aspect is whether the breach caused injury to the patient.

It is important to note that the statute of limitations (the legally prescribed period 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 the date that the underlying cause of medical malpractice lawsuits malpractice occurred.