15 Top Documentaries About Medical Malpractice Lawyers

What Is a Medical Malpractice Claim?

A medical malpractice claim involves a patient complaining about the negligence of a healthcare professional. The patient, or his or his or medical malpractice lawsuit her estate in the case of a deceased patient must demonstrate that the negligence was responsible for injury or harm.

In general, lawsuits that claim medical negligence are filed in the state trial court. The patient who is suffering from the injury must prove four legal elements to prevail in a case:

Duty of care

In any legal action in any legal matter, the plaintiff must prove that a person or entity was liable to them for a duty of care and then failed to meet that duty. In medical malpractice cases it is a doctor's obligation to provide their patients with a proper standards of treatment. Expert testimony is often used to establish this.

Expert witnesses can assist in determining proper standards for medical treatment and then reveal the ways in which a physician has deviated from these standards when treating patients. A plaintiff's attorney who is suing for medical malpractice has to demonstrate that the deviation caused the victim's injuries.

Expert testimony is crucial, as jurors are often not familiar with anatomy and have seen a lot of medical dramas. This is particularly relevant in medical malpractice cases as it can be difficult to establish a minimum standard of care. In a medical malpractice lawsuit the standard refers the level of skill and care quality, as well as level of care that other physicians in similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are typically surgeons or physicians who have a similar education and accreditation. 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 one another), it is often difficult to find a qualified expert willing to be a witness against a colleague for the care that is not up to par.

Breach of duty

Medical malpractice happens when a doctor makes a mistake that hurts the patient. The mistakes could cause new injuries or make existing ones worse. Medical malpractice claims involve complex issues and laws, making them difficult to prove. However, a qualified medical malpractice lawyer will analyze the facts of your case and determine whether a doctor breached his or her obligation to the patient.

Your attorney will determine if the relationship was between a doctor and patient you and your doctor, which is a requirement in any malpractice claim. Your attorney will review your physician's decisions and actions to determine if the standard of care in your state for doctors who have similar training, backgrounds, and geographic location is in place.

Doctors are required to follow the standards established by their patients without omission or deviation. A breach of duty means that the physician did not meet your expectations and this failure resulted in injury.

Proving that a breach of duty occurred is usually straightforward with the help of the research of your attorney and expert witnesses. Experts can testify the doctor's actions didn't meet the standard of medical treatment and provide reasons why a different medical professional would have behaved differently in similar circumstances. Your lawyer must also be able to link the breach of duty to your injuries and damages. Your attorney will examine your medical records, test and prescription results, imaging scans and prescriptions in order to build a strong case that the breach of duty committed by the doctor directly contributed to your injuries.

Causation

Medical mistakes can increase the risk of many treatments. To prove causation in a malpractice claim an injured patient must establish a direct link between the alleged negligence and the injury. In many instances this will require expert testimony and the help of a medical malpractice lawyer.

For instance, a mistake in diagnosing a condition or a serious illness is a common medical error. The failure of a doctor to recognize cancer or other conditions can have severe consequences for a patient. In this instance the patient may suffer unnecessarily pain and may even die. The doctor could have committed malpractice by not diagnosing the issue properly.

The process of proving that your doctor or hospital was negligent in the treatment you received can be complicated and time-consuming. Evidence could come from a number of sources, including medical records tests, medical records, expert witness testimony and depositions. Your attorney can assist you with obtaining and interpreting this evidence, as being your advocate during the process of depositions.

It is important to know that only healthcare professionals are liable for negligence. As opposed to receptionists in parma medical malpractice lawsuit facilities, doctors and nurses must act in accordance with prevailing standards of care. That means that a medical professional should be able to foresee consequences from their skills and education.

Damages

In san jose medical malpractice attorney malpractice cases the courts consider monetary damages that are designed to compensate the injured person. These damages can be based on past or future medical bills or wages lost as well as pain and discomfort, disfigurement or loss of enjoyment of living. Punitive damages may be awarded in some cases. They are only awarded to the most egregious of actions that society would like to deter.

A medical malpractice claim typically begins with the filing of a civil summons as well as a complaint in court. Then, the parties will engage in discovery, a procedure that requires the plaintiff and defendants disclose statements under oath. This can include requesting the exchange of documents like medical records, deposing parties involved in the lawsuit and conducting interviews with witnesses.

One of the first elements to prove in a medical malpractice case is that the doctor owed an obligation under law to provide care and treatment to the patient. The second element to prove is that the doctor acted in breach of the duty by failing to adhere to the medical standard of care. The third element is whether the breach caused injury to the patient.

It is important to remember that the statute of limitations (the legally prescribed period within which a medical malpractice claim must be filed) differs from state to state. In New York, the statute of limitations is two years and six months (30 months) from the date the date that the underlying cause of medical malpractice took place.