What is a medical malpractice claim?

Updated on November 25, 2020

In the U.S. a person can bring forth a suit if they have been injured by another party. The field of personal injury law is very wide and includes dog bites and car accidents. Medical malpractice is a specialization within the field of personal injury law, so it is important that you choose a personal injury attorney who specializes in the type of law that you need representation in. A medical malpractice attorney with extensive experience has argued in front of juries, faced strong opposition from legal teams representing doctors, and has built up relationships with key expert witnesses that can be called in to testify on your behalf. 

Proving A Medical Malpractice Claim

Doctors don’t want to lose their medical license just because someone took their medical advice out of context or overheard them giving medical advice to a stranger. Without certain protections in place, people could sue doctors over not liking the results of their treatment. But the law also protects patients and their rights. So there are certain criteria that have been established that you must meet in order to bring a claim forward. 

First, you must have hired the physician or medical team that you were bringing this suit against and established a doctor-patient relationship with them. If a consulting physician did not treat you directly then that can harm your case.

You have to prove that they were negligent and caused you to harm in a way that a similarly-trained, competent doctor would not have. This prevents patients from bringing suits forward just because they are unhappy with the treatment. For example, if a patient goes in for plastic surgery and a reasonably skillful and careful surgeon could not have taken more skin or augmented the body more without leading to severe complications, then the patient may be upset with their look, but their health and well-being were not compromised. Whereas in a medical malpractice case, a patient puts their trust in a doctor who deviates from the medical standard of care. 

In order to build your case, you will need to hire a personal injury attorney. Any information, from your family physician to your specialists, that can describe your original condition and the changes after treatment by the defendant will help your attorney build your case. Speaking to an attorney about your specific circumstances is a necessary first step. 

Legal Challenges

A personal injury attorney in the area where you were injured can also advise you on the state and municipal laws that apply to your case, in addition to any federal laws. Some states have adopted laws to protect patients after some devastating and heartbreaking injuries or deaths that occurred, such as administering the wrong dose of medication to a child. However, it is important to remember that personal injury law is a civil claim and is not handled in criminal court.

Hospitals and medical malpractice insurers want to save on costs, and doctors don’t want to lose their license. So they will have a strong team of lawyers working to defend their healthcare providers, and stop you from getting all of the compensation you deserve. For more information from a personal injury attorney who focuses on medical malpractice you can visit https://lawyers-for-injuries.com/long-island/medical-malpractice/

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