What Is a Medical Malpractice Claim?
A medical malpractice attorney negligence claim involves the patient complaining of carelessness of a healthcare worker. The patient, or his or her estate in the case of a deceased patient must establish that the negligence caused injury or harm.
Medical malpractice lawsuits are typically filed in state trial courts. In order to win a lawsuit the party seeking to be harmed must demonstrate four legal elements:
Duty of care
To establish a legal claim, the plaintiff must demonstrate that they was owed a duty of duty by a person or an organization and that they did not fulfill it. In medical malpractice cases this is the obligation of doctors to provide the appropriate standard of care to their patients. This is typically determined through expert testimony.
Expert witnesses can help determine the correct medical malpractice Law firms standards, and then show how a doctor was not following the standards in their treatment of the patient. A plaintiff’s attorney for medical malpractice needs to show that the deviance caused the victim’s injuries.
Expert testimony is essential for jurors, since the majority of jurors are not aware of anatomy, and they watch numerous medical dramas. This is particularly relevant in medical malpractice cases since it is 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 of the practitioner, the quality of treatment, and the degree of diligence shown by other doctors in comparable specialties in similar situations.
Experts in medical malpractice cases are usually fellow physicians or surgeons who have similar training and certification. It can be difficult to find an expert who is willing to testify about poor medical 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 cause new injuries or exacerbate existing ones. Medical malpractice cases are a complex set of laws and issues, making them difficult to prove. However, a skilled medical malpractice lawyer will review the facts of your case to determine if a doctor violated his or her duty to the patient.
Your attorney will establish a doctor/patient relationship between you and your doctor which is essential for any malpractice claim. Your attorney will scrutinize the decisions and actions of your physician to determine whether the standard of care in your state for doctors who have similar training, background, and geographic location is satisfied.
Doctors owe it to their patients to adhere to these standards without deviation or omission. A breach of duty means that the physician did not meet your expectations and this failure resulted in injury.
Proving that a breach of duty occurred is typically straightforward with the help of the research of your attorney and expert witnesses. Experts can prove that the doctor’s actions were not in accordance with the standard of medical care and explain why another medical professional would have behaved differently in similar circumstances. Your lawyer should also be able to link the breach of duty to your injuries and damages. Your lawyer will scrutinize your medical records as well as test results, prescriptions and imaging scans to make an argument that proves your physician’s breach of duty directly resulted in your injuries.
Causation
Most treatments come with some degree of risk, however medical errors can add to those risks. To prove causation, an injured patient must establish an unambiguous connection between the negligence of the doctor and their injury. In many instances, this requires expert testimony and the help of a lawyer for medical malpractice.
Medical errors can include mistakes in diagnosis, for instance, misdiagnosing serious ailments or illnesses. If a doctor fails to recognize cancer or any other medical condition, can have serious consequences for patients. In this situation the patient could be suffering excessive pain or even die. By failing to diagnose the problem correctly the doctor could have committed a lapse of judgment.
The process of proving that your doctor or hospital was negligent in the treatment you received isn’t easy and takes a lot of time. The evidence required could come from numerous sources, including medical records and test results as well as expert testimony from witnesses and oral depositions. Your lawyer can assist you find and interpret this evidence, as well as assist you during the deposition process.
It is important to keep in mind that only healthcare professionals can be sued for negligence. Nurses and doctors, as opposed to receptionists at medical centers, are expected to follow the current standards of treatment. A medical professional should be able of predicting the consequences of his or his education and expertise.
Damages
In medical malpractice cases, courts will be hearing about financial settlements intended to compensate injured patients. These damages may include past and future medical bills, lost wages, disfigurement and pain, and loss of enjoyment of life. In certain cases punitive damages could also be awarded; these are awarded to those who have committed particularly indecent conduct that society is interested in stopping.
A medical malpractice lawsuit begins by filing in the court of an administrative summons. The parties will follow up with discovery. It is a process in which the defendant and plaintiff make statements under oath. This could include requesting the exchange of documents like medical records, deposing those who are involved in the lawsuit, and conducting interviews with witnesses.
In a claim for medical malpractice it is vital to prove that the doctor was legally obligated to provide care and treatment to the patient. The second aspect to prove is that the doctor did not fulfill this duty by failing adhere to the medical standard of care. The third factor is whether the breach resulted in injury to the patient.
It is important to note that the statute of limitations (the legally-defined period 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.