What Is a Medical Malpractice Claim?
A medical malpractice case is brought by a patient who complains about the carelessness of a healthcare professional. The patient (or his or her estate if the patient died) must prove that the negligence resulted in injury or harm.
In general, lawsuits that claim medical negligence are filed in state trial courts. The patient who is aggrieved must demonstrate four legal elements to win a case:
Duty of care
To prove a legal claim, a plaintiff has to show that he or she was obliged to perform a task by an individual or a company and that they did not fulfill the obligation. In the case of medical negligence, it is the duty of a doctor to provide the right level of care to their patients. This is usually determined by expert testimony.
Expert witnesses assist in determining the correct medical standards, and then prove that a physician 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 injury.
Expert testimony is vital, as jurors are often unfamiliar with anatomy and have seen a lot of medical dramas. In medical malpractice claims, this is particularly important because it is often difficult to establish the appropriate standard of care. In a case of medical malpractice the standard refers to the level of skill, quality of care and level of diligence that other doctors in similar specialties possess in similar circumstances.
In general, experts in medical malpractice claims are fellow physicians or surgeons who have the same qualifications and board certifications. Due to the "conspiracy of silence" among a lot of doctors (a term lawyers use to describe the tendency of doctors to not be able to testify against each other) it can be challenging to find an expert with the qualifications to defend a colleague against sub-standard care.
Breach of duty
Medical negligence occurs when a physician is negligent and hurts the patient. Those mistakes can cause new injuries or make preexisting ones worse. Medical malpractice claims are challenging to prove since they are based on complicated laws and concerns. However, a good medical malpractice lawyer will examine the circumstances of your case and determine whether a doctor breached his or her obligation to the patient.
Your attorney will establish that a doctor-patient relationship existed between you and your doctor, which is necessary for any malpractice claim. Your attorney will also examine your doctor's actions and decisions to determine whether they complied with what is referred to as the standard of care for doctors of similar education, background and geographical location in your state.
Physicians owe a duty to their patients to abide by these guidelines without deviation or omission. A breach of duty means that the doctor failed to meet your expectations, and this has caused injury to you.
Proving the breach of duty is typically straightforward with the help of your attorney's research and expert witnesses. Expert witnesses can testify to how the doctor's actions did or did not conform to the standards of care and then explain how a medical professional in similar circumstances would have different actions. Your lawyer must also connect the breach of duty with your injuries and damages. Your lawyer will scrutinize your medical records and test results, prescriptions and imaging scans in order to construct a solid case that the breach of duty by your doctor directly resulted in your injuries.
Causation
The majority of treatments carry a degree of risk, however medical errors can increase the risks. To prove the cause of malpractice in a claim the patient who has been injured must prove a direct connection between the alleged negligence and the injury. In many instances, expert testimony is required and the assistance from an attorney who specializes in medical malpractice.
Medical errors include mistakes in diagnosis, for instance, misdiagnosing serious ailments or illnesses. The failure of a doctor to recognize cancer or any other medical condition could have grave consequences for the patient. In this case the patient could experience unnecessary pain and even end up dying. The doctor may be negligent for not properly diagnosing the condition.
Proving that your doctor, or hospital was negligent in their treatment of you isn't easy and takes a lot of time. Evidence could come from a variety of sources, including
cullman medical malpractice attorney records, test results, expert witness testimony and depositions. An attorney can help you obtain and interpret the evidence, as well as assist you during the deposition process.
It is also important to note that only a healthcare professional can be sued for malpractice. As opposed to receptionists in medical facilities, doctors and nurses are expected to act in accordance with the current standards of care. Medical professionals must have the ability to predict the consequences of his or qualifications and education.
Damages
In medical malpractice cases, the courts will consider monetary settlements intended to help injured patients. These damages could include past or
Vimeo.Com future medical bills and lost wages as well as pain and discomfort, disfigurement or loss of enjoyment living. In some instances punitive damages could also be awarded; these are reserved for the most egregious behavior that society is interested in preventing.
A medical malpractice case starts with the filing in the court of an administrative summons. The parties then begin discovery. This is a procedure which requires the plaintiff and defendants to give statements under oath. This could involve seeking
alliance medical malpractice lawyer records or other documents taking depositions of those who are involved in a lawsuit and interviewing witnesses.
In a claim for medical malpractice it is essential to establish that the doctor was legally bound to provide treatment and medical care to the patient. The second element is that the doctor violated this duty by failing to adhere the medical standards of practice. The third factor is that the breach resulted in injury to the patient.
It is important to remember that the statute of limitations (the legally defined time period within which a medical malpractice claim must be filed) differs from state to state. In New York, there is a statute of limitations of two years and six month (30 months) following the date of the medical malpractice.
