What is a Malpractice Claim?

A malpractice claim is a lawsuit against a doctor for injuries resulting from negligent treatment or diagnosis. To prove a medical malpractice claim it is necessary to prove that the doctor's treatment was not in accordance with the standard of care that is accepted.

Patients must be able to demonstrate that the negligence of the doctor caused their injury. This requires evidence, such as medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor is obliged to behave in accordance with the medical standard of care. This means they must treat a patient in the same way that a doctor of their same type and training would under the same or similar circumstances. If a doctor fails to meet the standard of care and a patient is injured, they could be held accountable for negligence.

The quality of care offered by a doctor can vary from one medical professional to another, based on a myriad of factors. For instance, some physicians have a greater responsibility to inform patients of dangers of certain procedures or treatments than others. The level of care required may differ based on the nature and duration of the doctor-patient relationship. A doctor who treats an emergency patient has a higher standard of care than a doctor who has an established doctor-patient relationship.

Determining the level of care in a malpractice case is often complicated and requires the help of an experienced attorney. Generally experts are employed to help determine the standard of care in a particular instance. Many people lack the understanding of skills or education needed to determine the standard of care based on medical treatment. Expert witnesses can aid in determining if doctors, or any other medical professional, has fallen below the standards of care.

Breach of duty

Healthcare professionals and doctors have a duty to patients to provide reasonable and competent medical care. If medical professionals fail to perform their obligation, they may have committed a crime. Most of the time, this means infractions to the accepted medical standard of care. For instance, a broken arm should be properly examined by x-rays and then properly set before it is placed in a cast to heal. If a physician fails to follow this process and the result could be an infection, complete or partial loss of arm use and other complications.

A medical malpractice lawyer can assist you in determining whether or not a healthcare provider did not meet the standards of care required for your particular health condition. This is referred to as breach of duty, and it's one of the most important aspects in a malpractice case. You must show that the healthcare professional's actions or inactions fell below the standard of care required for your condition and caused you harm.

This aspect requires proof from an expert witness who can clarify how the healthcare professional's actions or actions violated the standard of treatment for your condition and caused you to suffer injury. Your lawyer will go over your medical record and other documents, including any testimony or evidence provided by an expert witness in the field of medicine.

Damages

In a malpractice case damages are awarded to the victim to compensate for any losses he/she she has sustained because of the medical professional's negligence. These damages can be economic (lost wages as well as future and current medical costs) or non-economic (pain and suffering). The damages an individual can recover depend on the state laws that govern the case.

Most physicians in the United States have malpractice insurance to safeguard them from malpractice lawsuits. A majority of hospitals require doctors to have malpractice insurance as a condition for hospital privileges, or by their employers. Some medical professionals have group malpractice coverage. Even with these insurances, the majority of malpractice cases will have to go through the courts.

Medical negligence could result in serious injuries with long-term repercussions for the patient's quality of life. This could include loss of income due to a missed job and a rise in medical costs and treatment expenses. A medical error can lead to permanent disfigurement, or even death.

A doctor can be held liable for malpractice if the injured party proves that the injury wouldn't have occurred in the event that the patient was aware of the risks associated with the procedure. This proof standard is called "more likely than not" and is less rigorous than the standard in criminal cases which requires a higher degree of evidence.

Statute of limitations

A statute of limitations is similar to a legal stopwatch which counts down the amount of time you must start a lawsuit. The time limit is determined by state laws and can vary significantly based on the type of case and the time it was discovered.

Some medical issues are evident immediately, like a broken leg or a brain injury that is traumatic. Other injuries may take months or even years to manifest. Therefore, the time limit for a malpractice claim often starts when the patient discovers or should have discovered the negligence or omission that caused their harm.

This approach is referred to as the discovery rule and it allows patients who might not have been aware of the medical error to pursue malpractice claims after the standard time limit has expired. Some states have a pure discovery law, while others have hybrid rules, which include the time limit for the patient to learn of the injury.

If you or a loved one was injured as a result of medical malpractice, contact a lawyer right away. Our law firm offers no-cost consultations, and there is no cost unless we are successful in settling your case. Hover over any state in the map below for more about a malpractice attorney case or click a link to view current laws.