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What Is a Medical Malpractice Claim?

A medical malpractice claim is the patient complaining of the negligence of a healthcare professional. The patient (or the estate of the patient should the patient die) must show that the negligence led to injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. To win a lawsuit, the aggrieved party must demonstrate four legal elements:

Duty of care

In any legal matter, the plaintiff has to demonstrate that an individual or entity was liable to them for a duty of care and then failed to fulfill this duty. In the case of medical malpractice it is a doctor's obligation to provide their patients with a proper standards of medical care. This is usually determined through expert testimony.

Expert witnesses assist in determining the appropriate medical malpractice law firm standards. They then show how a doctor deviated from these standards in their treatment of the patient. A plaintiff's medical malpractice attorney must then show that this error was directly at fault for the injury suffered by the victim.

Expert testimony is essential as jurors are typically not familiar with anatomy and have seen a variety of medical dramas. In the case of medical malpractice this is especially important since it can be difficult to establish the appropriate standard of care. In a case of medical malpractice law firms malpractice the standard is the level of expertise in the field, the quality of care provided and the level of diligence that other doctors in similar specialties possess in similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons who have a similar education and accreditation. It can be difficult to find an expert willing to testify regarding substandard medical care due to the "conspiracy" of silence among doctors.

Breach of duty

Medical negligence occurs when a physician makes an error that hurts the patient. These errors can cause new injuries, or worsen existing ones. Medical malpractice claims can be complicated laws and issues, making them difficult to prove. A reputable medical malpractice lawyer will evaluate your case to determine if the doctor has breached their duty to you.

Your attorney will establish there was a doctor-patient relationship between you and your physician which is required in any malpractice claim. Your attorney will scrutinize your doctor's actions and decisions to determine whether the standard of care in your state for doctors with similar backgrounds, training, and geographic location is satisfied.

Physicians have a responsibility to their patients to follow these guidelines without deviation or omission. Breaching that duty means the doctor did not meet these standards and resulted in harm to you.

Proving the breach of duty is generally straightforward with the aid of your attorney's research and expert witnesses. Experts can testify the doctor's actions weren't in line with the standard of medical treatment and explain why a different medical professional would have acted differently in similar circumstances. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your attorney will examine your medical documents, test and prescription results, imaging scans and prescriptions to make an argument that proves the breach of duty by your doctor directly led to your injuries.

Causation

Medical mistakes can increase the risk of a wide range of treatments. To prove the causality, the injured patient must prove a direct connection between the alleged negligence of the doctor and their injury. In many instances, this requires expert testimony and the help of a medical malpractice lawyer.

For example, misdiagnosing a condition or a serious illness is a common medical error. If a doctor fails to recognize cancer, or any other condition, can have serious consequences for the patient. In this situation the patient could experience excessive suffering, and even die. The doctor may be negligent for not properly diagnosing the condition.

Proving that your doctor or hospital did not treat you properly can be a long and complicated process. The evidence required could come from numerous sources, such as medical records and test results, as in addition to expert witness testimony and oral depositions. Your attorney can assist you locate and interpret the evidence, as well as assist you during the deposition process.

It is vital to understand that only healthcare professionals are liable for negligence. In contrast to receptionists in Medical Malpractice Law Firm centers, doctors and nurses are expected to operate in accordance to the standard of care. That means that a medical professional should be able of predicting the outcomes depending on their experience and education.

Damages

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

A medical malpractice case usually begins with the filing of an civil summons and complaint in the court. The parties then engage in discovery, a process in which the plaintiff and defendants make statements under the oath. This could involve requesting the exchange of documents such as medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

In a medical malpractice claim it is vital to establish that the doctor was legally obligated to provide treatment and medical care to the patient. The second thing to prove is that the doctor breached the obligation by failing to follow the medical standard of care. The third factor is that the breach resulted in harm to the patient.

It is important to note that the statute of limitations (the legally prescribed period 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 which the act that led to medical malpractice took place.