What Is a Medical Malpractice Claim? A medical malpractice case is brought by an individual who is unhappy with the carelessness of a healthcare professional. The patient, or his or his or her estate in the case of a deceased patient, must prove that the negligence caused injury or harm. Lawsuits alleging medical malpractice are generally filed in state trial courts. The patient who is suffering from the injury must prove four legal elements to prevail in a case: Duty of care In order to prove a legal claim, a plaintiff needs to demonstrate that they was in the position of being owed a duty by another person or organization and that they failed to perform the obligation. In the case of medical negligence, it is the obligation of a doctor to provide the right standard of care for their patients. This is usually determined by expert testimony. Expert witnesses can help determine appropriate standards of medicine and then show how a doctor has deviated from these standards in treating the patient. A lawyer representing a plaintiff for medical malpractice must demonstrate that the deviation caused the victim's injuries. Expert testimony is essential, as jurors are often not knowledgeable about anatomy and have seen a lot of medical dramas. This is particularly important in medical malpractice cases as it isn't easy to establish a minimum standard of care. In a medical malpractice case the standard refers to the level of skill and care quality, as well as degree of diligence that other physicians in similar specialties possess in similar circumstances. In general, experts in medical malpractice claims are surgeons or physicians with similar qualifications and board certifications. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers employ to describe the tendency of doctors not to admit to a case against each other) it isn't easy to find an expert who is qualified to testify against a colleague regarding sub-standard care. Breach of duty When a doctor commits an error that causes harm to the patient, this is considered medical malpractice. These errors can cause new injuries or even worsen existing ones. Medical malpractice claims are challenging to prove since they are based on complex laws and issues. However, a good medical malpractice lawyer will analyze the circumstances of your case and determine if the doctor has breached his or her obligation to the patient. Your attorney will establish the relationship was between a doctor and patient you and your doctor, which is necessary in any malpractice claim. Your attorney will also analyze your doctor's actions and decisions to determine if they meet what is referred to as the standard of care for doctors of similar backgrounds, training and geographical location within your state. Physicians have a responsibility to their patients to observe these guidelines without deviation or omission. If they violate this duty, it means that the doctor was not able to meet those expectations and that failure caused harm to you. It is simple to prove an infraction of duty with the help of experts and your attorney's investigation. Experts can testify the doctor's actions weren't in line with the standard of medical care and also explain why another medical professional would have behaved differently in similar circumstances. Your lawyer must also connect the breach of duty to your injuries and damages. Your attorney will examine your medical records, test and prescription results, imaging scans and prescriptions to build an argument that proves the breach of duty by your doctor directly led to your injuries. Causation The majority of treatments carry a level of risk, but medical errors can exacerbate those dangers. To prove causality in a malpractice case an injured patient must establish a direct connection between the negligence alleged and their injuries. In many cases this requires expert testimony and the help of a lawyer for medical malpractice. Medical errors can include the misdiagnosis of serious ailments or illnesses. If a doctor fails to diagnose cancer or another illness it could result in severe consequences for the patient. In this instance, the patient could suffer unnecessary pain and even die. By failing to diagnose the condition correctly the doctor could have committed a malpractice. Proving that your doctor or hospital was negligent in their treatment of you can be a long and complicated process. The evidence needed could include various sources, including medical reports and test results as and expert testimony from witnesses and oral depositions. Your attorney can assist you locate and interpret the evidence and also assist you during the deposition process. It is important to know that only healthcare professionals are liable for malpractice. Doctors and nurses, in contrast to receptionists working in medical centers are expected to follow the current standards of medical care. This means that medical professionals must be able to anticipate the consequences based on their skills and knowledge. Damages In medical malpractice claims courts will hear about financial damages to compensate the injured person. These damages may include past and future medical bills, lost wages, pain and suffering, disfigurement and loss of enjoyment of life. In some cases punitive damages can also be awarded. These are reserved for the most egregious behaviour that society has an interest in stopping. A medical malpractice claim typically begins with filing a civil summons or complaint in the court. The parties then engage in discovery, a process that requires the plaintiff and defendants disclose statements under swearing. This could include seeking medical records or other documents and depositions of the parties involved in a lawsuit, and interviewing witnesses. In a claim for medical malpractice, it is important to establish that the doctor was legally bound to provide care and treatment to the patient. The second aspect is that the doctor breached this duty by failing to adhere the medical standards of practice. The third factor is whether the breach caused injury to the patient. It is important to know that the statutes of limitations (the legally-defined time period within which an action for medical malpractice has to be filed) differ from state states. 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.