What is a Malpractice Claim?

A malpractice claim is an action against a doctor for injuries resulting from negligent diagnosis or treatment. To prove medical malpractice, you need to demonstrate that your doctor's actions were different from the accepted standards of care.

Patients must also show that the negligence of a 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 adhere to the medical standards of practice. This means they must treat patients in the same manner as doctors with the same type of knowledge and experience would in the same situation. If a doctor doesn't meet the standard of care, and a patient suffers injury the doctor could be held liable for negligence.

The standard of care differs between one medical professional and one another, based upon various factors. Some doctors, for example, have a greater obligation to inform their patients of the dangers of certain procedures or treatments. The level of care required may also vary depending on the nature and duration of the doctor-patient relation. For instance, a physician who is treating a patient in an emergency situation is bound by an obligation to care for them more than a doctor who treats patients in a regular doctor-patient relationship.

It is difficult to determine the standard of care once a claim has been filed. An experienced attorney can help. Generally, expert witnesses are used to provide insight into the standard of care that is required in the particular case. Many people lack the understanding, skills or education necessary to judge the standard of care based on medical treatment. Expert witnesses can help a judge assess whether a doctor or another medical professional has slipped below the standard of care.

Breach of duty

Medical professionals and doctors have a responsibility to patients to provide them with reasonable and professional medical care. A healthcare professional who fails to perform this duty could be found guilty of negligence. Often, this involves not following the accepted medical standard of care. A broken arm, for example should be examined by x-rays correctly and then set correctly before it can be put in a cast. If a doctor does not follow this procedure, he or she may cause an infection, loss of arm usage or other complications.

A medical legal expert can help you determine if a healthcare provider has not met the standard of care relevant to your particular condition. This is referred to as breach of duty and it's an essential element in an malpractice case. You must be able to prove that the healthcare professional's actions or firm inactions fell below the standard of care required for your condition and caused harm.

This requires a qualified expert who can discuss the actions or actions of the healthcare provider directly causing your injury. Your lawyer will review all documentation and medical records including any expert witness testimony or evidence.

Damages

In a malpractice case, damages pay a victim compensation for the losses he or she has suffered as a result of the negligence of the medical professional. The damages can be either economic (lost wages and future 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 determine the circumstances of their case.

The majority of doctors in the United States carry malpractice lawyer insurance to protect themselves against lawsuits arising from malpractice. Some hospitals require them to carry the insurance in order to qualify for hospital privileges or by their employers. Certain medical professionals are covered under group malpractice insurance. Even with these insurances, the majority of malpractice cases will have to go through the courts.

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

A doctor may be held liable for negligence if the person who suffered is able to prove that the incident wouldn't be happening if the patient had been informed of the risks associated with the procedure. This standard of proof is known as "more likely than not" and is less demanding than the standard in criminal cases, which requires a higher amount of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch which counts down the time left to file a lawsuit. The duration of the statute of limitations is determined by the laws of each state and can differ significantly based on the type of case as well as the date at which it was discovered.

Some medical conditions are immediately evident, like the fractured leg or head injury that is traumatic. Some injuries can take a few months or years to manifest. The statute of limitation in lawsuits involving malpractice typically begins when the patient discovers or should have been aware of the negligence or inability to act that caused the harm.

This is called the discovery rule. It allows patients who might not have known that a medical mistake has occurred to file a malpractice lawsuit following the expiration of the statute of limitations. Some states have a pure discovery law, whereas others have hybrid rules, which include an upper limit or time frame for the patient to find out about the injury.

Get a lawyer on the case immediately if you or someone you have a special relationship with has been hurt by medical negligence. Our law firm is available for free consultations and no fee unless we win your case. Hover over any state in the map below for more about a malpractice claim or click a link to learn more about the most current laws.