What Is a Medical Malpractice Claim?

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

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

Duty of care

In any legal action, the plaintiff has to show that another person or entity had a responsibility to them under a duty of care and failed to perform this duty. In medical malpractice cases this is the physician's duty to provide their patients with the proper standard of care. Expert testimony is often used to establish this.

Expert witnesses can help determine proper standards for medical practice and then demonstrate how a physician has strayed from these standards while treating a patient. A plaintiff's medical malpractice attorney must then show that this deviation was directly responsible for the victim's injuries.

Expert testimony is crucial because jurors are usually unfamiliar with anatomy and have watched a number of medical dramas. This is especially important in medical malpractice cases since it is difficult to establish a reasonable standard of care. In the context of a medical malpractice case the standard of care refers to the level of skill, quality of treatment and the degree of diligence shown by other doctors with similar specialties in similar circumstances.

Typically, experts in medical malpractice claims are surgeons or fellow doctors with similar training and board certifications. Due to the "conspiracy of silence" between a variety of doctors (a term lawyers employ to describe the tendency of doctors to not speak against each other), medical malpractice attorney it can be difficult to locate an expert with the qualifications to defend a colleague against poor care.

Breach of duty

If a doctor makes an error that causes harm to the patient, it is medical malpractice. These errors can cause new injuries or worsen existing ones. Medical malpractice claims are difficult to prove due to complicated laws and concerns. A good medical malpractice attorney will investigate your case to determine if a physician has violated their obligation to you.

Your attorney will establish a doctor-patient relation between you and your physician which is required to prove a malpractice claim. Your attorney will look into the actions and decisions of your physician to determine whether the standards of care in your state for doctors with similar backgrounds, training, and geographic location is fulfilled.

Physicians have a responsibility to their patients to follow these standards without omission or deviation. A breach of duty means that the physician did not meet your expectations and caused you injury.

Proving that a breach of duty occurred is usually simple with the help of the research of your attorney and expert witnesses. Those experts can testify as to why the doctor's actions did not conform to the standards of care and describe how a different medical professional in similar circumstances might have acted differently. Your lawyer should also be able to link the breach of duty to your injuries and damages. Your lawyer will review your medical records as well as test results, prescriptions and imaging scans to make an argument that your physician's breach of duty directly led to your injuries.

Causation

Most treatments come with some degree of risk, but medical errors can increase those risks. To prove the causation of a malpractice claim the patient who has been injured must prove a direct connection between the negligence alleged and their injuries. In many instances, expert testimony is required and the assistance of a medical malpractice attorney.

Medical errors could include errors in diagnosis, such as misdiagnosing serious ailments or illnesses. If a doctor fails to recognize cancer or any other medical condition, can have serious consequences for a patient. In this case the patient could experience unneeded suffering, or even death. The doctor could be negligent for not diagnosing the condition properly.

Proving that your doctor or hospital was negligent in the treatment you received isn't easy and takes a lot of time. Evidence can come from a variety of sources, including medical records or test results, expert witness testimony and depositions. Your lawyer can assist you locate and interpret this evidence, and also represent you during the deposition process.

It is also important to know that only a healthcare professional can be sued for negligence. Doctors and nurses, unlike receptionists working in medical centers are expected to adhere to current standards of medical care. That means that medical professionals must be able to anticipate the consequences from their skills and education.

Damages

In medical malpractice cases courts will hear about financial damages that are designed to compensate the victim. These damages can include past or future medical bills or wages lost as well as pain and discomfort, disfigurement, or loss of enjoyment living. In some instances the punitive damages may be awarded. These are reserved for particularly egregious conduct that society is interested in preventing.

A medical malpractice case usually begins with the filing of a civil summons and complaint in court. The parties then engage in discovery. This is a process which requires the plaintiff and defendants to take oaths to make statements. This can include asking for medical records taking depositions of those involved in a lawsuit and interviewing witnesses.

One of the most important elements to prove in a medical malpractice case is that the physician had an obligation under law to provide medical care and treatment to the patient. The other element to prove is that the doctor did not fulfill the obligation by failing to adhere to the medical standard of care. The third element is whether the breach caused harm to the patient.

It is important to know that the statutes of limitations (the legally-required time frame within which a lawsuit for medical malpractice lawyer malpractice must be filed) vary from state to state. In New York, there is a statute of limitations of two years and six months (30 months) following the date of the medical malpractice.