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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 prove that the negligence caused injury or harm.

Legal actions claiming medical malpractice are typically filed in state trial courts. The patient who is aggrieved must demonstrate four legal elements in order to win the case:

Duty of care

In any legal case the plaintiff must show that another person or entity had a responsibility to them under a duty of care and did not fulfill that obligation. In medical malpractice cases, it is the responsibility of medical professionals to provide the right standard of care to their patients. This is usually determined through expert testimony.

Expert witnesses help to determine the correct medical standards, and then demonstrate how a doctor violated those 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 injuries.

Using expert testimony is essential since jurors typically have only a basic understanding of anatomy and have watched numerous medical dramas. In the case of medical malpractice, this is particularly important as it is often difficult to establish the appropriate standard of care. In a medical malpractice claim the standard is the level of competence in the field, the quality of care provided and the level of care that other doctors in similar specialties have under similar circumstances.

Generally, experts in medical malpractice cases are fellow surgeons or doctors who have the same training and board certifications. Due to the "conspiracy of silence" among a number of doctors (a term lawyers use to describe the tendency of doctors not to be able to testify against each other) it isn't easy to find an expert with the right qualifications to testify against a colleague regarding inadequate care.

Breach of duty

If a doctor commits an error that causes harm to the patient, it is considered medical malpractice. These mistakes can lead to new injuries, or worsen existing ones. Medical malpractice claims are difficult to prove because they involve complicated laws and issues. A good medical malpractice attorney will evaluate your case to determine whether a doctor has breached their duty to you.

Your attorney will establish there was a doctor-patient connection between you and your physician which is essential for any malpractice claim. Your attorney will scrutinize the decisions and actions of your physician to determine whether the standards of care in your state for doctors with similar backgrounds, training and geographical location is satisfied.

Physicians must adhere to the standards that their patients have set without deviation or omission. A breach of duty implies that the doctor did not meet your expectations, and this has caused you injury.

It is simple to prove the breach of duty by using expert witnesses and your attorney's investigation. Experts can testify to how the doctor's actions did not meet the standards of care and then explain how a medical professional in similar circumstances might have different actions. Your lawyer should also tie 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 make solid evidence that the breach of duty by the doctor directly contributed to your injuries.

Causation

Medical errors can increase the risks of a wide range of treatments. To prove the cause of malpractice in a claim, an injured patient must establish a direct connection between the negligence alleged and their injuries. In the majority of cases, expert testimony is required, along with assistance of a medical malpractice attorney.

For example, not diagnosing an illness or illness is a common medical error. If the doctor fails to identify cancer or another disease this could have serious consequences for the patient. In this scenario the patient may suffer unneeded suffering, or even death. In the absence of diagnosing the condition correctly, the doctor may have committed malpractice.

Proving that your doctor, or hospital was negligent in their treatment of you can be a long and complicated process. Evidence could come from a variety of sources, including medical records, test results, expert witness testimony and depositions. Your attorney can help you find and interpret the evidence, and also represent you during the deposition process.

It is also important to remember that only a healthcare professional can be sued for misconduct. Nurses and doctors, as opposed to receptionists in medical centers, are expected to follow the current standards of treatment. That means that a medical professional should be able to anticipate the consequences from their skills and knowledge.

Damages

In medical malpractice cases, courts hear about monetary damages to compensate the victim. These damages can be based on the cost of medical bills in the past or in the future and lost wages as well as pain and discomfort, disfigurement or loss of enjoyment living. Punitive damages can be awarded in some cases. These are reserved for those who commit crimes that society wishes to deter.

A medical malpractice claim typically begins with filing a civil summons and complaint in court. Then, the parties will engage in discovery, a process in which the plaintiff and defendants disclose statements under the oath. This may include requesting documents like medical records and depositions of the parties involved in a lawsuit as well as interviewing witnesses.

In a medical malpractice case it is crucial to establish that the doctor was legally obligated to provide treatment and medical care to the patient. The second element to establish is that the doctor violated the duty by failing to adhere to the medical standard of care. The third element is that the breach resulted in injury to the patient.

It is crucial to understand that the statutes of limitations (the legally-defined time period within which a lawsuit for medical malpractice has to 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.