Suing for medical malpractice requires a good amount of work and expense by both a patient and an attorney. The legal process of a lawsuit stretches out over many months or years and involves significant financial risk for the plaintiff’s lawyer in return for the possibility of a monetary award.
Medical malpractice sue for medical malpractice is a form of negligence that occurs when a healthcare professional fails to provide adequate treatment for a patient’s condition. In order for a medical malpractice suit to succeed, the injured party must prove that the doctor had a duty of care, that this duty was breached by deviating from the applicable standard of care, and that this deviation caused injury, which can be measured in terms of monetary damages.
All doctors have a duty to provide appropriate medical treatment for patients. Whether this is an emergency situation or not, the healthcare professional must evaluate and treat the patient’s conditions within the scope of their practice.
Generally, in a medical malpractice case, the injured party must demonstrate that the doctor departed from the standard of care in three key areas:
First, the patient must show that the physician had a duty to provide appropriate treatment for their condition. This is typically established through the use of a physician’s chart review and/or a consultation with a qualified expert.
Next, the patient must show that the defendant’s breach of duty directly caused their injuries. This element of the claim is commonly proven by a medical expert testimony at a deposition. A deposition is a court-approved interview of the witness, usually conducted by the patient’s attorney under oath, and is subject to certain rules of civil procedure and the Federal Rules of Evidence.
A physician must also inform their patients about any risks associated with a procedure before performing it. This is a crucial element of informed consent and may give rise to a medical malpractice suit if the patient is harmed as a result of not being provided with this information. For example, if a man goes in to have his hernia repaired and the doctor removes his gall bladder instead, this may constitute medical malpractice because the gall bladder is needed for healthy digestion.
All civil claims, including a medical malpractice action, must be brought in a timely fashion; this is known as the statute of limitations. In most states, the statute of limitations is a limited number of years after an injury that a patient can bring a lawsuit to recover monetary compensation for their injury. However, this time limit can vary from state to state and a knowledgeable malpractice attorney will be able to explain how the law applies in your unique case. If you have questions, contact FindLaw to speak with a skilled New York attorney in this area of the law.