What Is a Medical Malpractice Claim?

A medical negligence claim involves the patient complaining of carelessness by a healthcare worker. The patient (or his or her estate in the event of death) must show that the negligence resulted in injury or harm.

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

Duty of care

In any legal claim the plaintiff must demonstrate that a third party or entity owed them a duty of care and failed to perform this obligation. In medical malpractice cases this is the duty of a doctor to provide the appropriate quality of care to their patients. Expert testimony is typically used to determine this.

Expert witnesses can assist in determining proper standards for medical treatment and then reveal how a doctor has deviated from these standards while treating patients. A plaintiff's attorney who is suing for medical malpractice must establish that the deviation was responsible for the victim's injuries.

Expert testimony is essential as jurors are typically not knowledgeable about anatomy and have watched a number of medical dramas. In medical malpractice claims, this is particularly important as it is often difficult to establish a standard of care. In medical malpractice cases, the standard of care is referred to the degree of skill, quality of treatment and the level of diligence displayed by other doctors with similar specialties in similar situations.

Experts in medical malpractice cases are usually surgeons or physicians who have a similar education and accreditation. It isn't easy to find an expert who is willing to testify regarding substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

Medical malpractice occurs when a physician is negligent and hurts the patient. These mistakes can lead to new injuries or worsen existing ones. Medical malpractice cases are a complex set of issues and laws, which makes them difficult to prove. An experienced seal Beach medical malpractice lawyer malpractice attorney will review your case to determine if the doctor has breached their duty to you.

Your attorney will prove that the relationship was between a doctor and patient you and your physician, which is required in any malpractice claim. Your attorney will also look into your doctor's actions and decisions to determine whether they complied with what is referred to as the standard of care for doctors with similar backgrounds, training and geographic location in your state.

Doctors owe it to their patients to follow these guidelines without deviation or omission. A breach of duty implies that the physician did not meet your expectations and this failure resulted in injury.

Proving the breach of duty usually straightforward with the help of your attorney's research and expert witnesses. Expert witnesses can testify to how the doctor's actions didn't meet the standard of care and also explain why a different medical professional in similar circumstances might have behaved differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will review your meadville medical malpractice lawsuit documents, test and prescription results, imaging scans and prescriptions in order to build an argument that the breach of duty by your doctor directly caused your injuries.

Causation

Medical mistakes can increase the risk of most treatments. To prove causation, the patient must establish an unambiguous connection between the negligence of the medical professional and their injury. In the majority of cases, expert testimony is required, along with assistance from an attorney for medical malpractice.

For example, not diagnosing an illness or disease is a common error. A doctor's inability to recognize cancer or any other illness could have grave consequences for patients. In this instance the patient may suffer unnecessary pain and even die. By failing to diagnose the condition correctly the doctor could have committed malpractice.

Proving that a doctor or hospital has treated you in a negligent manner isn't easy and takes a lot of time. The evidence needed could include a variety of sources, including medical reports and test results, as well as expert witness testimony and oral depositions. Your lawyer can assist you find and interpret the 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 malpractice. Doctors and nurses, unlike receptionists in medical facilities, are expected to adhere to current standards of treatment. A medical professional should be able to predict consequences based on his or qualifications and education.

Damages

In medical malpractice cases, courts hear about monetary damages intended to compensate the injured person. The damages may include past or future medical bills as well as loss of earnings, pain and discomfort, disfigurement or loss of enjoyment of living. In some cases the punitive damages may be awarded. These are awarded to those who have committed particularly indecent behavior that society has an interest in stopping.

A medical malpractice case starts with the filing in court of a civil summons. Then, the parties engage in discovery, a process that requires the plaintiff and defendants disclose statements under the oath. This could involve requesting the exchange of documents, such as medical records, deposing parties who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice claim it is crucial to prove that the doctor was legally bound to provide care and treatment to the patient. The second element is that the doctor violated that obligation by failing to follow the medical standards of practice. The third aspect is whether the breach resulted in injury to the patient.

It is vital 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 which the underlying act of medical malpractice occurred.