What Is a Medical Malpractice Claim?
A medical malpractice case involves the patient complaining of the negligence of a healthcare professional. The patient (or the estate of the patient should the patient die) must prove that the negligence led to injury or harm.
In general, lawsuits claiming medical negligence are filed in state trial court. In order to win a lawsuit the aggrieved party has to demonstrate four legal elements:
Duty of care
In any legal matter the plaintiff must demonstrate that a third party or entity had a legal obligation to care and failed to perform this obligation. In medical malpractice cases, it is the responsibility of doctors to provide the proper level of care to their patients. Expert testimony is typically used to determine this.
Expert witnesses can help determine the appropriate medical standards and then explain how a doctor did not follow the standards in their treatment of the patient. A plaintiff’s medical malpractice attorney must prove that the deviation was directly responsible for the victim’s injury.
Expert testimony is vital as jurors are typically not knowledgeable about anatomy and have seen a variety of medical dramas. In medical malpractice claims, this is particularly important because it is often difficult to establish the appropriate standard of care. In the context of a medical malpractice claim, the standard of care refers to the skill level as well as the quality of treatment and the level of dedication possessed by other doctors with similar specialties in similar circumstances.
Experts in medical malpractice cases are usually surgeons or physicians who have the same training and accreditation. Due to the “conspiracy of silence” between a variety of doctors (a term lawyers employ to describe the tendency of doctors to not testify against each other), it isn’t easy to find an expert who is qualified to be a witness against a colleague for the care that is not up to par.
Breach of duty
When a doctor commits an error that causes harm to the patient, it is medical malpractice. The mistakes could cause new injuries or make existing ones worse. Medical malpractice cases are a complex set of issues and laws, making them difficult to prove. A good watonga medical Malpractice Lawsuit malpractice attorney will review your case to determine if a doctor has violated their obligation to you.
Your attorney will establish a doctor-patient relationship between you and your doctor which is essential 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 who have similar training, background, and geographic location is fulfilled.
Physicians have a duty to follow the standards that are set by their patients without omission or deviation. A breach of duty means that the doctor didn’t meet your expectations and this failure caused you injury.
Proving the breach of duty is generally straightforward with the aid of the research of your attorney and expert witnesses. Expert witnesses can testify to how the doctor’s actions did or did not conform to the standards of care and also explain why a different medical professional in similar circumstances would have acted differently. Your lawyer must also tie the breach of duty with your injuries and damages. Your lawyer will review your medical records, test and prescription results, imaging scans and prescriptions to make an argument that proves the breach of duty by your physician directly caused your injuries.
Causation
Most treatments come with some degree of risk, however medical errors can increase the dangers. To prove the causality, a patient who has suffered an injury must establish that there is a direct link between the alleged negligence of the doctor and their injury. In many cases this requires expert testimony and the help of a medical malpractice lawyer.
For instance, misdiagnosing an illness or illness is a frequent medical error. If doctors fail to recognize cancer or another condition the result could have devastating consequences for the patient. In this case the patient could be suffering unnecessary pain and even end up dying. The doctor may have committed a malpractice by not diagnosing the problem properly.
Proving that a doctor or hospital has treated you in a negligent manner can be a long and tedious process. The evidence needed could include various sources, including medical reports and test results, as in addition to expert testimony from witnesses and oral depositions. Your attorney can assist you find and interpret this evidence as well as represent you during the deposition process.
It is important to know that only healthcare professionals are liable for negligence. In contrast to receptionists in medical centers nurses and doctors are expected to act in accordance to the standard of care. This means that a gridley medical malpractice lawyer professional must be able to predict the effects based on their skills and knowledge.
Damages
In medical malpractice cases, courts will consider monetary settlements intended to help injured patients. These damages could include the cost of medical bills in the past or in the future and lost wages, pain and discomfort, disfigurement or loss of enjoyment living. In some instances punitive damages could also be awarded. These are reserved for particularly egregious conduct that society is interested in stopping.
A medical malpractice lawsuit typically begins with the filing of a civil summons and complaint in the court. The parties will follow up with discovery. It is a process where the plaintiff and defendants take oaths to make statements. This could include requesting documents like medical records and depositions of the parties who are involved in a lawsuit and interviewing witnesses.
One of the first things to prove in a medical negligence case is that the doctor owed the legal obligation to provide care and treatment to the patient. The second aspect to establish is that the doctor violated the obligation by failing to follow the medical standard of care. The third element is whether the breach caused injury to the patient.
It is important to know that the statutes of limitations (the legally prescribed time period within which a lawsuit for medical malpractice has to be filed) vary from state state. In New York, there is a statute of limitations of two years and six months (30 months) after the date of the medical malpractice.
