10 Tips For Medical Malpractice Lawyers That Are Unexpected

What Is a Medical Malpractice Claim?

A medical malpractice claim is brought by patients who complain about the negligence of a healthcare worker. The patient (or the estate of the patient if the patient died) must show that the negligence caused injury or harm.

Medical malpractice lawsuits are usually filed in state trial courts. The aggrieved patient must prove four legal aspects to win a case:

Duty of care

To establish a legal claim, a plaintiff needs to demonstrate that he/she was in the position of being owed a duty by an individual or a company and that they failed to fulfill it. In the case of medical malpractice, it is the responsibility of medical professionals to provide the proper quality of care to their patients. Expert testimony is typically used to determine this.

Expert witnesses can assist in determining the appropriate standards of medicine and then show the ways in which a physician has deviated from these standards when treating a patient. A medical malpractice lawyer for a plaintiff must then prove that this deviation was directly responsible for the victim's injuries.

Expert testimony is crucial, as most jurors are not aware of anatomy, and they watch many medical dramas. This is particularly important in medical malpractice cases as it isn't easy to establish a proper standard of care. In a medical malpractice lawsuit the standard refers the level of competence quality of care, as well as the degree of diligence other doctors in similar specialties can demonstrate under similar circumstances.

Experts in medical malpractice cases are usually surgeons or doctors with similar training and certification. It is often difficult to find an expert willing to testify about poor medical treatment due to the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error which harms the patient, this is considered medical malpractice. These mistakes can lead to new injuries or exacerbate existing ones. Medical malpractice claims are difficult to prove due to complex laws and issues. However, a qualified medical malpractice lawyer will examine the facts of your case to determine if the doctor has breached his or her duty to the patient.

Your attorney will establish that a doctor-patient relationship existed between you and your physician which is essential in any malpractice claim. Your attorney will also analyze your physician's actions and decisions to determine if they meet what is known as the standard of care for doctors of similar education, background and geographic location in your state.

Physicians are required to respect the standards that their patients have set without omission or deviation. A breach of duty means that the doctor failed to meet your expectations and this failure resulted in injury to you.

Proving the breach of duty is usually simple with the help of the research of your attorney and expert witnesses. Experts can testify to how the doctor's actions do not meet the standards of care and also explain why a different medical malpractice attorneys professional in similar circumstances might have behaved differently. Your lawyer must also connect the breach of duty to your injuries and damages. Your lawyer will review your medical records, prescription and test results, imaging scans, and prescriptions to build a strong case that the breach of duty by your doctor directly led to your injuries.

Causation

Medical errors can increase the risks of most treatments. To prove causality, a patient who has suffered an injury must demonstrate an immediate connection between the negligence of the doctor and their injuries. In many cases, expert testimony is required along with the assistance from an attorney for medical malpractice.

For example, misdiagnosing a condition or a serious disease is a common error. A doctor's failure to diagnose cancer or any other illness could have grave consequences for a patient. In this scenario the patient may suffer unnecessary pain and even die. By failing to diagnose the condition properly the doctor could have committed a malpractice.

Proving that a medical professional or hospital failed to treat you appropriately is a lengthy and difficult process. Evidence could come from number of sources, including medical records, test results, expert witness testimony and depositions. Your attorney can assist you with obtaining and interpreting this evidence, as well representing you in the process of depositions.

It is vital to understand that only healthcare professionals are liable for malpractice. Contrary to receptionists at medical facilities, doctors and nurses are expected to behave in accordance with the current standards of care. A medical professional must be able to anticipate outcomes based on his education and expertise.

Damages

In medical malpractice lawsuits the courts consider monetary damages intended to compensate the patient who was injured. These damages can be based on past or future medical bills as well as loss of earnings, pain and discomfort, disfigurement, or loss of enjoyment of living. Punitive damages may be granted in certain cases. These are awarded only to egregious acts that society wants to discourage.

A medical malpractice case starts by filing in the court of a civil summons. The parties follow up with discovery. This is a process where the plaintiff and defendants are required to give testimony under oath. This may include seeking medical records or other documents taking depositions of those involved in a lawsuit and interviewing witnesses.

One of the first things to prove in a medical negligence case is that the doctor had the legal obligation to provide medical care and treatment to the patient. The second aspect is that the doctor violated this duty by failing to adhere the medical standard of practice. The third aspect is whether the breach caused injury to the patient.

It is vital to note that the statute of limitations (the legally-defined time frame within which a medical negligence 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 occurred.