How to File a Medical Malpractice Claim A medical malpractice claim is a case of the doctor or another health care professional who has violated their duty to the patient and harming the patient. Medical malpractice is a subset of tort law that deals with professional negligence. To prove negligence, injured patients and their legal teams must prove that a seasoned medical professional would not have made the error. This includes mistakes in diagnosis, treatment or post-treatment. What are the reasons behind medical malpractice cases? Doctors are well-known members of society who swear to never harm anyone when treating patients. However, mistakes and omissions occur when doctors treat patients. These mistakes can cause serious injuries to patients, and they may be filed as malpractice lawsuits against the doctor. In order to bring a claim against a medical negligence, it must be established that the medical professional was under an obligation to care for patients, and this obligation was not fulfilled, resulting in injuries. The party who suffered injury must demonstrate that the breach resulted in an injury that was specific and the injury was serious. The third component of a medical malpractice case is that the patient suffered damages, which are quantified. Damages can include hospitalization and medical expenses and lost wages, as well as suffering, pain, and non-economic losses. Medical malpractice cases usually result in the failure to identify a condition. This is a serious problem, as the patient may not receive the treatment needed to recover. In certain instances an error in diagnosis can cause death for the patient. It is important to consult an attorney who has experience handling malpractice claims. They can look over your medical records to determine if there was a breach in the standard of care which resulted in injury. What are the requirements of a Medical Malpractice Claim? A patient must show that the doctor's actions fell below the accepted standard. Most often, this is an inability to correctly diagnose or treat an injury or illness. It can also be due to a mistake made during treatment, such as when an obstetrician makes a mistake in handling a baby's skull during labor, resulting in Erb Palsy. The patient should also demonstrate that the error caused an injury that wouldn't have occurred if the doctor had followed the standard of care. It can be difficult because it's hard to know whether an outcome that isn't favorable was caused by the error or caused by something else. Finally, the patient must demonstrate that the accident caused significant damage, which includes future and past medical bills, lost income and suffering and pain. An attorney can help the patient determine damages. In addition the victim has to submit a malpractice lawsuit within a certain timeframe that is established by law and is referred to as the statute of limitations. If the patient files the lawsuit after the deadline, the court is likely to dismiss the case. Medical malpractice cases can be very complex and expensive to litigate. They usually require the testimony of many medical experts. New York's complex legal system has its own rules and procedures that must be adhered to. In some situations the medical malpractice case could be filed, or even transferred to federal court. How do I determine whether I'm dealing with a medical Malpractice Case? If you think you may have a case to prove medical malpractice the best thing you can do is collect as the information you can, and then talk to an experienced attorney. Your lawyer will go over your medical records and information. Then, he'll hire an expert medical professional to review your case. The medical professional will be able to determine if any mistakes might have been made and whether the mistakes were in violation of the standard of care. If the medical professional agrees that the doctor did not act in accordance with standards of care and that the mistakes caused your injuries You may have a viable malpractice claim. You will need to prove that you sustained financial or physical harm due to the error of the doctor. A medical malpractice lawyer can help determine the exact amount of your losses and ensure that they are accurately reflected in any settlement you receive. Your attorney can assist you in identifying defendants in your case. In most cases the doctor is sued by himself but in some cases it is possible to bring a lawsuit against a hospital or other medical facility. A medical malpractice lawsuit will not necessarily result in the doctor losing their license or going out of business. If the case is ruled a winner the doctor could face a censure, or even obligatory training, instead of a license revocation. How can I find a good medical malpractice lawyer? It is essential to locate a medical-malpractice lawyer who has experience in this highly specialized area of law. Choose an attorney with extensive experience in this special area of law. Visit their website and the biographical information of the lawyers to see if they are qualified. Find out about their education, their law school and any disciplinary actions that might have been taken against them. Medical malpractice claims can involve several different issues. These include birth injuries, misdiagnosis and defective medical devices. Your lawyer should be educated about these subjects and be able to explain how they relate to your particular case. They should also be in a position to connect you with experts such as investigators and doctors who can provide expert insight and help you gather evidence. You should also discuss possible financial recovery options with your lawyer. This could include past and future expenses like loss of earnings, loss of funeral expenses as well as suffering and pain. In cases where the victim died because of medical malpractice and the family members who survived are entitled to compensation, they can also claim compensation. Ask your lawyer about any limitations on damages in cases of medical malpractice. Certain states have caps on damages that are not economic like disfigurement and pain and emotional anxiety. This is especially important for those who suffer from malpractice that results in trauma or serious injuries.