What is a Malpractice Claim?

A malpractice claim is a lawsuit against a medical professional to recover injuries caused by negligence in diagnosis or treatment. To prove medical malpractice, you need to show that your doctor deviated from the standard of care that is accepted.

Patients must also show that negligence by the doctor directly caused their injury. This requires evidence such as medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor is required to perform their duties according to the medical standards of practice. This means they must treat patients the same way as an individual doctor with the same type of knowledge and experience would in the same circumstances. If a doctor doesn't meet the standard of care and a patient is hurt or injured, they could be held liable for negligence.

The standard of care differs between a medical professional and another, based on a variety of factors. Some doctors, for example are required to warn their patients about the potential risks associated with certain procedures or treatments. The standards of care could also vary based on nature of the relationship between doctor and patient. A doctor who is treating patients in emergency has a higher duty of care than a doctor who has an established doctor-patient relationship.

The determination of the standard of care in a malpractice case is usually a complex matter that requires the help of an experienced attorney. Generally experts are utilized to provide insight into the standard of care in the specific case. The majority of people lack the knowledge and skills or the education needed to determine the standard of care based upon a medical treatment. Expert witnesses can help a judge determine if a doctor or medical professional has violated the standard of care.

Breach of duty

Medical professionals and doctors have a responsibility to patients to provide reasonable and professional medical care. If medical professionals fail to fulfill this obligation, they could have committed a crime. This can be due to failing to adhere to accepted medical standards of care. A broken arm, for instance requires x-rays that are done correctly and then set correctly before it is placed in a cast. If a doctor doesn't adhere to this process it could lead to an infection, complete or partial loss of arm use and other complications.

A medical malpractice lawyer can help you determine if a medical professional has not met the standards of care applicable to your particular condition. This is referred to as breach of duty, and is one of the most crucial elements of a malpractice lawsuit. You must prove that the healthcare provider's inactions or actions fell below the standard of care that is required for your condition, and caused you harm.

This requires a qualified expert who can discuss the actions or inactions of the healthcare provider who directly caused your injury. Your lawyer will look over your medical record and other documents including any testimony or evidence provided by a medical expert witness.

Damages

In a malpractice lawsuit, damages provide compensation to the victim for the loss he or she suffered due to the medical provider's negligence. The damages can be either economic (lost wages and future medical costs) or non-economic (pain & suffering). The damages an individual can be awarded depend on the laws of the state which govern the case.

The majority of doctors in the United States have malpractice insurance to shield them from malpractice lawsuits. A majority of hospitals require doctors to have malpractice insurance as a condition for hospital privileges, or by their employers. Certain medical professionals also have group insurance. However, despite these safeguards, many malpractice cases need to be argued before the courts.

Medical negligence can lead to serious injuries with long-term effects on the patient's life. This could mean losing income as a result of a lack of employment as well as an increase in medical costs and treatment expenses. A medical error could cause permanent disfigurement, or even death.

A doctor can be held accountable for an action for malpractice if the victim can prove that the accident would not be averted had the patient been properly informed of the risks associated with a procedure. This is referred to as "more likely than not" and is less stringent than criminal cases that require a higher standard of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch which counts down the time left to file a lawsuit. This time frame is based on the laws of your state and can vary greatly depending on the type of case and the date it was discovered.

Certain medical injuries are instantly obvious, such as fractured legs or a head injury that is traumatizing. Certain injuries may take months or years to become apparent. This means that the time limit for a malpractice attorney lawsuit typically begins when patients realize or should have discovered the negligent act or omission which caused their injury.

This is known as the discovery rule. It permits patients who may not have realized of a medical error that has occurred to file a malpractice lawsuit within the timeframe of the statute of limitations. Some states follow a pure discovery rule, while others have hybrid discovery rules with a cap or limit on the time that the patient has to be aware of an injury.

If you or someone you love suffered a traumatic injury as a result of medical malpractice attorneys, you should contact an attorney immediately. Our law firm is available for free consultations, and we do not charge a fee unless you are successful in your case. Click on any state on the map below to find out more about a malpractice case or click on a link for current laws.