A medical malpractice claim entails legal action against a medical expert who violated ethical standards and resulted in suffering or injury. It requires the plaintiff to prove four legal elements: For example, doctors are expected to choose a treatment that will help your condition rather than one that is unlikely to work.
Causation
Sometimes, even if there is an injury, the claim does not rise to the level of medical malpractice. For this element, an injured plaintiff must prove that the doctor’s breach of duty caused the injury, a concept known as “proximate cause.” For example, suppose you break your leg, the physician does not treat it properly, and you end up with significant residual problems or limitations. In that case, this does not constitute medical malpractice. Proving causation requires a detailed examination of your medical records and expert testimony. The process can be complicated, and it is essential to work with an attorney. Additionally, you will be required to undergo oral depositions, a process that involves out-of-court sworn testimony. A personal injury attorney Jersey City NJ, will be present for your deposit and can protect you from improper questions.
Duty of care
In a medical malpractice case, the doctor you are suing must have violated your rights by falling below the standard of care that doctors with similar skills and education would use in treating you. For this reason, most medical malpractice claims rely on expert witness testimony to establish that your doctor’s treatment fell below the relevant standard of care.
This standard of care applies to every aspect of your health care, from diagnosis and treatment to aftercare and management of your condition. A breach of this duty may result from an act or a failure to act. For example, a failure to diagnose a medical problem could lead to an injury or illness. Or a mistake in surgery could cause complications that weren’t expected. Sometimes, an injury is so severe that it satisfies the legal requirement of res ipsa loquitur. It means that the injury directly resulted from your doctor’s negligence.
Breach of duty
Medical malpractice may occur if a doctor violates their duty of care by not acting appropriately to treat a patient and the patient’s injuries or death. State and industry regulations outline what a doctor or other healthcare professional must do to treat patients properly. Legally, for someone to sue a doctor or other health care professional for malpractice, they must prove four things: a duty was owed; the defendant breached that duty; that the breach caused injury; and that the harm caused damages. Medical malpractice falls under tort law, which relates to civil wrongs that are not criminal. Medical malpractice claims are not always clear-cut and require expert testimony to support the claim. If you are injured after going to the hospital for a procedure or medical issue, keep copies of all medical records and other communications that help your claim. It is also wise to have a medical malpractice lawyer on your side.
Damages
The third element of medical malpractice is the injury or damages resulting from breaching the standard of care. For an injury to qualify as damages, it must have a direct causal relationship with the doctor’s breach of the standard of care. It is known as proximate causation. A victim’s injury can result in economic and non-economic damages. Monetary damages reimburse victims for measurable costs, such as medical treatments and lost wages. Non-economic damages include pain and suffering and reduced quality of life. The amount of these damages can be difficult to quantify, and expert testimony is often required. A judge and jury in state court hears most medical malpractice cases. However, a claim may be transferred to federal district court under certain circumstances. The federal courts are similar to state trial courts, except they have a different legal framework and procedural rules.
