What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional for injuries caused by negligence in diagnosis or treatment. To prove a medical malpractice claim one must prove that the doctor's actions were not in line with the accepted standard of care.

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

Duty of care

A doctor must adhere to the medical standard of practice. This means that they have to treat a patient the way that a doctor similar to them and with the same training would under similar circumstances. If a doctor doesn't meet the standard of care, and a patient is hurt and suffers injury, they could be held liable for malpractice.

The standard of care may differ from one doctor to another, based on a myriad of factors. Certain doctors, for instance are more likely to inform their patients of the risks associated with certain procedures or treatments. The standard of care may also change depending on the nature of the doctor-patient relationship. Doctors who treat patients in an emergency has a higher standard of care than one who has an established doctor-patient relation.

It is difficult to determine what is the standard of care once a claim has been filed. An experienced attorney can assist. Generally experts are utilized to give insight into the standard of care in the particular case. This is because most people do not have the skills, knowledge or education to decide what the proper standard of care should be determined by medical treatment. Expert witnesses can aid an individual judge in determining whether doctors, or any other medical professional has not met the standards of care.

Breach of duty

Doctors and other healthcare professionals have a duty to patients to provide reasonable and competent medical care. If medical professionals fail to perform their obligation, they could have committed malpractice. This is often due to their failure to follow accepted medical standards of care. For instance, a broken arm has to be properly x-rayed and then set properly before it is placed in a cast to heal. If a doctor fails to follow this procedure, he could result in an infection, loss of arm use or other complications.

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

This is a requirement for a qualified expert who can explain the actions or inactions of your healthcare provider that directly caused your injury. Your lawyer will examine 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 loss he or suffered because of the medical provider's negligence. These damages can be economic (lost wages and future medical costs) or non-economic (pain & suffering). The damages that a person is able to be awarded depend on the laws of the state which determine the circumstances of their case.

Most physicians in the United States have malpractice insurance to protect them from malpractice attorney lawsuits. Many hospitals require them to have the insurance in order to qualify to be granted hospital privileges or by their employers. Some medical professionals have group malpractice coverage. Despite these protections many malpractice cases need to be argued before the courts.

Medical negligence can cause serious injuries with long-term effects on the patient's quality of life. This could include the loss of income due to missed work, and increased medical expenses and treatment costs. A medical error can lead to permanent disfigurement or even death.

A physician may be held accountable for malpractice if the party who was injured establishes that the harm wouldn't have happened in the event that the patient was aware of the risks that come with the procedure. This is referred to as "more likely than not" and is less demanding than in criminal cases which require a higher level of evidence.

Statute of limitations

A statute of limitations is similar to a legal stopwatch which counts down the amount of time that you have to make a claim. This time period is determined by the laws of each state and can vary in accordance with the type and date of the case.

Certain medical injuries are immediately obvious, such as a fractured leg or a head injury that is traumatizing. Other injuries may take months or even years to show up. The statute of limitation in malpractice claims often begins when the patient discovers or should have discovered the negligent act or failure to perform the act that caused the injury.

This approach is referred to as the discovery rule. it allows patients who might not have known of a medical error to pursue malpractice claims after the standard statute of limitations has expired. Certain states have a strict discovery rule, while others have hybrid discovery rules with a limitation or cap on the time that the patient must have to discover an injury.

If you or someone you love was injured due to medical malpractice, contact an attorney immediately. Our law firm offers free consultations and no cost unless we are successful in settling your case. To learn more about a potential malpractice claim, hover over a state on the map below or click a link for more information about the laws currently in force.