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What Is a Medical Malpractice Claim?

A medical malpractice lawsuit is brought by patients who complain about the carelessness of a healthcare professional. The patient (or his or her estate if the patient died) must show that the negligence caused injury or harm.

Lawsuits alleging medical malpractice are typically filed in state trial courts. To win a lawsuit, the aggrieved party must prove four elements of law:

Duty of care

In any legal claim, the plaintiff needs to prove that a person or entity had a legal obligation to care and failed to perform this duty. In medical malpractice cases, it is the obligation of medical professionals to provide the appropriate standard of care for their patients. This is usually determined by expert testimony.

Expert witnesses can help determine proper standards for medical treatment and then reveal how a doctor has deviated from these standards while treating patients. A medical malpractice lawyer for a plaintiff must then prove that this error was directly accountable for the injury of the victim.

Expert testimony is crucial since jurors typically do not have a good understanding of anatomy and are exposed to numerous medical dramas. This is particularly relevant when it comes to medical malpractice claims, as it isn’t easy to establish a minimum standard of care. In a medical malpractice lawsuit the standard refers the level of competence in the field, the quality of care provided and the degree of diligence that other doctors with similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are typically fellow physicians or surgeons who have similar training and certification. Due to the “conspiracy of silence” among a lot of doctors (a term lawyers employ to describe the tendency of doctors to not admit to a case against each other) It isn’t easy to find an expert who is qualified to provide evidence against a colleague in relation to the care that is not up to par.

Breach of duty

Medical malpractice occurs when a doctor makes a mistake that hurts the patient. 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. However, a skilled medical malpractice lawyer will look into the facts of your case to determine if a doctor violated his or her duty to the patient.

Your attorney will establish that a doctor-patient relationship existed between you and your doctor, which is required for any malpractice claim. Your attorney will also review the actions and decisions of your physician to determine whether they complied with what is referred to as the standard of care for doctors with similar training, experience and geographic location in your state.

Doctors owe it to their patients to abide by these guidelines without deviation or omission. Breaching that duty means the doctor failed to meet those expectations and that failure resulted in harm to you.

It is simple to establish a breach of duties by using expert witnesses and your attorney’s investigation. Experts can prove that the doctor’s actions did not meet the standard of medical care and provide reasons why a different medical professional would have acted differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will review your medical records and test results, prescriptions and imaging scans to build an argument that the breach of duty of your physician directly led to your injuries.

Causation

Medical errors can increase the risks of many treatments. In order to prove causality, the injured patient must demonstrate that there is a direct link between the alleged negligence of the medical professional and their injury. In many cases this will require expert testimony and the help of a medical malpractice lawyer.

For example, misdiagnosing a condition or a serious illness is a common medical error. A doctor’s inability to recognize cancer, or any other condition can have severe consequences for patients. In this case the patient could experience unnecessarily pain and may even end up dying. The doctor may be negligent for not diagnosing the problem properly.

Finding out if your doctor or hospital was negligent in the treatment you received can be a long and complicated process. The evidence needed may include many sources, including medical records and test results, as in addition to expert witness testimony and oral depositions. Your lawyer can assist you in obtaining and interpreting this evidence, as well being your advocate during the process of depositions.

It is also important to remember that only healthcare professionals is liable for negligence. Contrary to receptionists at medical facilities nurses and doctors are expected to act in accordance with prevailing standards of care. A medical professional should be able to anticipate consequences based on his or qualifications and education.

Damages

In medical malpractice lawsuits the courts consider monetary damages to compensate the injured person. These damages could include future and past medical bills loss of wages, pain and suffering, disfigurement and loss of enjoyment of life. In certain cases, punitive damages may also be awarded; these are reserved for the most egregious conduct that society has an interest in stopping.

A medical malpractice lawsuit typically starts with the filing of a civil summons or complaint in the court. The parties then engage in discovery. This is a procedure in which the defendant and plaintiff are required to give testimony under oath. This could involve requesting the exchange of documents, such as medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

One of the most important elements to prove in a loomis medical malpractice lawyer malpractice case is that the doctor was under an obligation under law to provide healthcare and treatment to the patient. The other element to prove 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 harm to the patient.

It is crucial to understand that the statutes of limitations (the legally-imposed timeframe within which a lawsuit for medical malpractice must 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.