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 or his or her estate in the case of a deceased patient must establish that the negligence caused injury or harm. In general, lawsuits that claim medical negligence are filed in state court. The patient who is affronted must prove four legal aspects to win the case: Duty of care In any legal case, the plaintiff has to prove that a person or entity was liable to them for a duty of care and then failed to meet that duty. In the case of medical negligence, it is the duty of doctors to provide the right standard of care to their patients. This is usually determined by expert testimony. Expert witnesses can help determine the appropriate medical standards. They then show how a doctor deviated from the standards in their treatment of the patient. A medical malpractice lawyer for a plaintiff must then show that this deviation was directly responsible for the victim's injuries. Expert testimony is essential because jurors generally do not have a good understanding of anatomy, and they watch many medical dramas. This is particularly relevant when it comes to medical malpractice claims, as it isn't easy to establish a reasonable standard of care. In a case of medical malpractice the standard is the level of competence in the field, the quality of care provided and the level of diligence that other doctors with similar specialties in similar circumstances. The majority of experts in medical malpractice claims are surgeons or physicians with similar training 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 be able to testify against each other) It can be difficult to locate a qualified expert willing to testify against a colleague regarding the care that is not up to par. Breach of duty Medical malpractice occurs when a physician makes an error that hurts the patient. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are difficult to prove due to complicated laws and issues. However, a reputable medical malpractice lawyer will analyze the facts of your case to determine if a doctor has violated his or her obligation to the patient. Your attorney will establish a doctor/patient relationship between you and your physician which is required to prove a malpractice claim. Your attorney will also examine the actions and decisions of your physician to determine if they complied with what is referred to as the standard of care for doctors of similar training, background and geographical location in your state. Physicians have a duty to respect the standards that are set by their patients 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 the breach of duty with the help of expert witnesses and your attorney's investigation. These experts can testify that the doctor's actions weren't in line with the standard of medical care and explain why another 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 a solid case that the breach of duty by your doctor directly contributed to your injuries. Causation Medical errors can increase the risks of many treatments. To prove the causation of a malpractice claim the patient who has been injured must establish a direct connection between the alleged negligence and their injury. In many instances this will require expert testimony and the assistance of a medical malpractice lawyer. Medical errors can include errors in diagnosis, such as misdiagnosing serious ailments or illnesses. A doctor's failure to diagnose cancer or other conditions can have severe consequences for a patient. In this situation the patient could experience unneeded suffering, or even death. If the doctor failed to diagnose the condition correctly the doctor could have committed a lapse of judgment. Proving that a medical professional or hospital has treated you in a negligent manner isn't easy and takes a lot of time. Evidence can come from a range of sources, such as medical records and test results, as well as expert witness testimony and depositions. Your lawyer can assist you in obtaining and interpreting the evidence as well as assisting you during the process of depositions. It is vital to understand that only healthcare professionals can be sued for malpractice. Contrary to receptionists at medical facilities nurses and doctors are expected to operate according to the standards of care. This means that a medical professional must be able to predict the effects in light of their expertise and knowledge. Damages In medical malpractice cases courts will hear about financial damages intended to compensate the victim. These damages can be based on past or future medical bills, loss of wages as well as pain and discomfort, disfigurement, or loss of enjoyment of living. In certain cases punitive damages can also be awarded; these are awarded to those who have committed particularly indecent behavior that society has an interest in preventing. A medical malpractice case begins with the filing in court of an administrative summons. Then, the parties will engage in discovery, a procedure where the plaintiffs and defendants are required to make disclosures under an oath. This could involve 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 crucial to prove that the doctor was legally obligated to provide care and treatment to the patient. The other element to prove is that the doctor acted in breach of this duty by failing follow 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-imposed timeframe within which an action for medical malpractice must be filed) differ from state states. In New York, the statute of limitations is two years and six months (30 months) from the date on when the underlying incident of medical malpractice took place.