What is a Malpractice Claim?

A malpractice claim is a lawsuit against a medical professional for the harm caused by negligent diagnosis or treatment. To prove a medical malpractice claim one must demonstrate that the doctor's treatment was not in accordance with the standard of care that is accepted.

Patients must be able to be able to prove that the doctor's negligence caused their injury. This will require evidence such as medical bills as well as pay stubs and expert testimony.

Duty of care

A doctor is required to perform their duties in accordance with the medical standard of care. This means that they must treat patients in the same way as an individual doctor with the same type of knowledge and experience would in the same situation. If a doctor fails meet the standards of care and a patient is injured, then they may be liable for malpractice.

The quality of care offered by a doctor can 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 potential risks associated with certain treatments or procedures. The standard of care may be different based on the nature and length of the doctor-patient relation. A doctor who sees a patient in an emergency has a higher obligation to care than one who has an established doctor-patient relation.

It is difficult to determine the level of care once a claim has been filed. An experienced attorney can assist. Generally expert witnesses are employed to give insight into the standards of care in the specific case. Most people lack the knowledge, skills or education necessary to judge the standard of care based on medical treatment. Expert witnesses can assist the court in determining if doctors, or any other medical professional has violated the standards of care.

Breach of duty

Doctors and other medical professionals are obliged to their patients to provide them with fair and professional medical care. If medical professionals fail to fulfill this obligation, they could have committed a crime. This often involves failing to adhere to accepted medical standards of care. A broken arm, for instance should be examined by x-rays correctly and then set correctly before it can be placed in a cast. 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 will help you determine whether or not a healthcare provider did not meet the standard of care for your specific health condition. This is known as breach of duty, and it's an essential aspect of an malpractice case. You must be able to prove that the healthcare provider's actions or inactions fell below the standard of care required for your condition and caused harm.

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

Damages

In a malpractice lawsuit, damages provide compensation to the victim for the loss he or she suffered as a result of the negligence of the medical professional. These damages can be economic (lost wages, current and future medical costs) or non-economic (pain and suffering). The damages that a person is able to be awarded depend on the laws of the state that determine the circumstances of their case.

Most physicians in the United States have malpractice insurance to shield them from malpractice claims. A majority of hospitals require doctors to carry malpractice insurance as a condition for obtaining hospital privileges or as a requirement by their employers. Some medical professionals have group malpractice insurance. However, despite these protections, a lot of malpractice cases are still handled through the court system.

Medical negligence could cause severe injuries that can have long-term impacts on the patient's lifestyle. This can include loss of income as a result of the absence of work, as well as an increase in medical expenses and treatment costs. A medical error can lead to permanent disfigurement or even die.

A doctor can be held accountable for an action for malpractice if the injured party can prove that the harm could not be averted had the patient been properly informed of the risks involved with a 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 limitation is a legal stopwatch which counts down the time left to file a lawsuit. This time frame is based on state laws and can vary greatly depending on the type of case and when it was discovered.

Some medical injuries are immediately evident, like a fractured leg or a head injury that has been traumatized. Other injuries may take months or even years to show up. In this way, the time limit for a malpractice lawsuit typically begins when patients realize or should have discovered the negligence or omission that caused the injury.

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 within the timeframe of the statute of limitations. Some states use a pure discovery rule, while others have hybrid discovery rules which have a limitation or cap on the time that the patient has to be aware of an injury.

If you or someone you love suffered an injury due to medical malpractice, call an attorney immediately. Our law firm offers no-cost consultations, and there is no cost unless we succeed in your case. Select a state on the map below for more about a malpractice claim, or click a link for the most current laws.