What is a Malpractice Claim?

A malpractice claim is a lawsuit against a medical professional for injuries caused by negligence in diagnosis or treatment. To prove medical malpractice, you must demonstrate that the doctor's treatment was deviant from the accepted standards of care.

Patients must also show that the negligence of a doctor directly led to their injury. This will require evidence such as medical bills, pay stubs, and expert testimony.

Duty of care

A doctor must perform their duties according to the medical standards of practice. This means that they must treat patients in the same manner as doctors with the same type of training and experience would in the same situation. If a doctor doesn't meet the standard of care, and a patient gets hurt, they may be held liable for malpractice.

The standards of care for patients can differ from one medical professional to the next, depending on a myriad of factors. Some doctors, for example are required to inform their patients of the potential risks associated with certain treatments or procedures. The standard of care may be different based on the nature and length of the relationship between doctor and patient. A doctor who treats a patient in an emergency has a higher duty of care than one with an established relationship with a doctor.

It can be difficult to determine the standard of care if a malpractice claim has been filed. An experienced attorney can assist. Generally experts are employed to give insight into the standard of care in a particular case. Most people do not have the knowledge, skills or education necessary to determine the quality of care in a medical treatment. Expert witnesses can assist an individual judge in determining whether doctors, or any other medical professional is not up to the standard of care.

Breach of duty

Medical professionals and doctors are obliged to their patients to provide them with fair and professional medical care. If a healthcare professional fails to fulfill this obligation, they could have committed a malpractice. Most often, this is due to infractions to the accepted medical standard of care. For instance, a fractured arm should be properly taken x-rayed, and then properly placed before it is placed in a cast to heal. If a doctor does not follow this procedure, they could cause an infection or loss of arm usage and other complications.

A medical malpractice attorney can help you determine whether or not a healthcare professional failed to live up to the standards of care required for your particular medical condition. This is known as breach of duty and is an important aspect in any malpractice case. You must be able to prove that the healthcare provider's actions or inactions did not meet the standard of care required for your condition and caused you harm.

This aspect requires proof from a qualified expert witness, who can clarify how the healthcare professional's actions or inactions violated the standard of treatment for your condition and caused you to be injured. Your lawyer will go through all medical records and documentation, including any expert witness testimony or evidence.

Damages

In a malpractice case damages are awarded to the victim to compensate for the losses he or suffered due to the medical professional's negligence. These damages may be economic (lost wages as well as future and current medical expenses) or non-economic (pain and suffering). The damages that a person is able to recover depend on the laws of the state that govern his or her case.

The majority of physicians 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 malpractice insurance. Despite these protections, many malpractice cases still go through the court system.

Medical negligence could cause serious injuries that have long-term consequences on the life of the patient. This could include loss of income as a result of a lack of employment and increased medical expenses and treatment costs. Certain types of medical negligence may cause permanent disfigurement or even death.

A physician may be held liable for an action for malpractice if the person who suffered the injury can prove the accident could not be averted had the patient been adequately informed of the risks associated with a procedure. This is known as "more probable than not" and is less demanding than in criminal cases, which require a higher level of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch that counts down the time left to file a lawsuit. This time period is determined by the laws of each state and can vary depending on the nature and date of the case.

Certain medical injuries are instantly apparent, such as a fractured leg or a head injury that is traumatizing. Some injuries can take months or even years to be apparent. The statute of limitation in lawsuits involving malpractice typically begins when the patient discovers or should have known about the negligence or inability to cause harm.

This is known as the discovery rule. It permits patients who might not have realized that a medical error occurred to file a malpractice lawsuit after the expiration of the statute. Some states have a completely discovery law, while others have hybrid rules that include the time limit for the patient to find out about the injury.

Contact a lawyer immediately if you or someone you love has been injured by medical malpractice law firms. Our law firm provides free consultations and does not charge a fee unless you win your case. To find out more about a potential malpractice claim, hover over a state on the map below or click a link for more information about the current laws.