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What Is a Medical Malpractice Claim?

A medical malpractice law firm negligence claim involves a patient who complains of the negligence of a healthcare professional. The patient, or or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm.

Legal actions claiming medical malpractice are generally 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 order to prove a legal claim, a plaintiff has to prove that he or she was in the position of being owed a duty by another person or organization and that they failed to fulfill it. In medical malpractice cases this is the responsibility of a doctor to provide the appropriate quality of care to their patients. This is usually determined by expert testimony.

Expert witnesses can assist in determining proper standards for medicine and then show how a doctor departed from these standards when treating patients. A medical malpractice lawyer for a plaintiff must then prove that this error was directly responsible for the victim's injury.

Expert testimony is vital because jurors are usually unfamiliar with anatomy and seen a variety of medical dramas. In medical malpractice claims this is especially important because it can be difficult to establish the appropriate standard of care. In a medical malpractice claim, the standard of care refers to the level of skill of the practitioner, the quality of treatment, and degree of diligence 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. It can be difficult to find an expert willing to testify against substandard care due to 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 exacerbate existing ones. Medical malpractice claims can be difficult to prove since they are based on complicated laws and issues. However, a good medical malpractice lawyer will examine the facts of your case to determine whether a doctor breached his or her duty to the patient.

Your attorney will establish a doctor/patient relationship between you and your doctor which is essential to prove a malpractice claim. Your attorney will review the actions and decisions of your physician to determine whether the standards of care in your state for doctors who have similar training, experience and geographical location is fulfilled.

Physicians have a responsibility to their patients to follow these standards without deviation or omission. A breach of duty means that the doctor failed to meet your expectations, and this has resulted in injury.

Proving the breach of duty is generally straightforward with the aid of your attorney's research and expert witnesses. Experts can testify to how the doctor's actions do not meet the standard of care and explain how another medical professional in similar circumstances might have behaved differently. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your lawyer will look over your medical documents, test and prescription results, imaging scans and prescriptions to create an argument that the breach of duty committed by your doctor directly led to your injuries.

Causation

Most treatments come with some degree of risk, but medical errors can increase the risks. To prove the cause of malpractice in a claim an injured patient must demonstrate a direct link between the negligence alleged and their injuries. In many cases 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 diagnose cancer or another condition this could have serious consequences for the patient. In this situation the patient may suffer unnecessary pain and even die. The doctor may have committed a malpractice by not diagnosing the problem properly.

Proving that your doctor or hospital was negligent in treating you can be complicated and time-consuming. The evidence you require could be from various sources, including medical reports and test results, as well as expert witness testimony and oral depositions. Your lawyer can assist you with obtaining and interpreting this evidence, as being your advocate during the process of depositions.

It is vital to understand that only healthcare professionals are liable for negligence. As opposed to receptionists in medical facilities nurses and doctors are expected to behave in accordance with the current standards of care. That means that medical professionals must be able to foresee consequences in light of their expertise and education.

Damages

In medical malpractice cases, the courts will hear about monetary settlements intended to help injured patients. These damages can be based on the cost of medical bills in the past or in the future as well as loss of earnings in the event of pain and discomfort disfigurement, or loss of enjoyment 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 lawsuit typically begins with filing a civil summons as well as a complaint in court. Then, the parties will engage in discovery, which is a process where the plaintiffs and defendants make statements under an oath. This can include seeking medical records or other documents and depositions of the parties involved in a lawsuit as well as interviewing witnesses.

In a case of medical malpractice it is vital to prove that the physician was legally bound to provide treatment and care to the patient. The second aspect to prove is that the doctor did not fulfill the duty by failing to adhere to the medical standard of care. The third aspect is whether the breach caused injury to the patient.

It is important to remember that the statute of limitations (the legally-defined time frame 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 took place.