What Is a Medical Malpractice Claim?
A medical malpractice claim is filed by a patient who complains about the negligence of a healthcare worker. The patient (or his or her estate if the patient died) must show that the negligence led to injury or harm.
Medical malpractice lawsuits are typically filed in state trial courts. To prevail in a lawsuit the party seeking to be harmed must demonstrate four legal elements:
Duty of care
In any legal matter in any legal matter, the plaintiff must demonstrate that an individual or entity owed them a duty of care and failed to perform this duty. In medical malpractice cases it is a doctor's duty to provide their patients with the appropriate standards of treatment. This is typically determined through expert testimony.
Expert witnesses can assist in determining appropriate standards of medicine and then explain how a physician has strayed from these standards while treating a patient. A plaintiff's medical malpractice attorney must then prove that the deviation was directly accountable for the injury of the victim.
Using expert testimony is essential since jurors typically are not aware of anatomy, and they watch several medical dramas. This is especially important when it comes to medical malpractice claims, as it can be difficult to establish a standard of care. In a medical malpractice lawsuit the standard refers the level of skill and care quality, as well as degree of diligence that other doctors in similar specialties in similar circumstances.
Experts in medical malpractice cases are typically surgeons or doctors who have the same training and accreditation. It is often difficult to find an expert who is willing to testify about poor medical treatment due to the "conspiracy" of silence among doctors.
Breach of duty
When a doctor commits an error that causes harm to the patient, it is medical malpractice. These mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims can be complicated laws and issues, making them difficult to prove. However, a good medical malpractice lawyer will analyze the facts of your case to determine if a doctor has violated his or her obligation to the patient.
Your attorney will establish a doctor-patient relationship between you and your physician which is essential for any malpractice claim. Your attorney will also examine the actions and decisions of your physician to determine if they meet what is referred to as the standard of care for doctors with similar education, background and geographical location within your state.
Physicians must adhere to the standards that are set by their patients without omission or deviation. A breach of duty implies that the doctor didn't meet your expectations and resulted in injury to you.
It is easy to prove the breach of duty by using experts and your attorney's research. Experts can testify that the doctor's actions did not meet the standard of medical treatment and explain why another medical professional would have acted differently in similar circumstances. Your lawyer must also tie the breach of duty to your injuries and damages. Your lawyer will look over your medical records, test and prescription results, imaging scans and prescriptions in order to build solid evidence that the breach of duty committed by your doctor directly caused your injuries.
Causation
Medical errors can increase the risks of most treatments. To prove causation in a malpractice claim the injured person must establish a direct link between the alleged negligence and their injury. In many instances, expert testimony is required, along with assistance of an attorney who specializes in medical malpractice.
For example, misdiagnosing a condition or a serious illness is a common medical error. If the doctor fails to identify cancer or another condition this could have serious consequences for the patient. In this scenario the patient could suffer excessive suffering, and even die. The doctor could have committed a malpractice by not diagnosing the condition properly.
Proving that a medical professional or hospital failed to treat you appropriately can be difficult and time-consuming. The evidence you require could be from numerous sources, including medical records and test results as in addition to expert witness testimony and oral depositions. Your attorney can assist you in obtaining and understanding the evidence, as well being your advocate during the process of depositions.
It is also important to remember that only healthcare professionals can be sued for misconduct. Nurses and doctors, in contrast to receptionists at medical centers, are expected to adhere to current standards of care. A medical professional should be able to anticipate outcomes based on her education and skills.
Damages
In medical malpractice lawsuits malpractice claims, courts hear about monetary damages to compensate the injured person. These damages may include past and future medical bills as well as lost wages, disfigurement and pain and loss of enjoyment of life. Punitive damages can be awarded in a few cases. They are reserved for the most egregious of actions that society would like to discourage.
A medical malpractice case typically begins with the filing an civil summons and complaint in the court. Then, the parties engage in discovery, a process where the plaintiffs and defendants make statements under an oath. This could include asking for medical records, taking depositions of parties involved in a lawsuit as well as interviewing witnesses.
In a medical malpractice claim it is vital to prove that the physician was legally bound to provide care and treatment to the patient. The second aspect is that the doctor violated this obligation by failing to follow the medical standard of care. The third aspect is whether the breach caused injury to the patient.
It is vital 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, the statute of limitations is two years and six months (30 months) from the date the date that the underlying cause of medical malpractice occurred.