What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional to recover injuries caused by negligence in diagnosis or treatment. To prove medical malpractice, you need to show that your doctor deviated from the accepted standards of care.

Patients must also show that negligence by the doctor directly contributed to their injuries. This requires evidence like medical bills and pay stubs as well as expert testimony.

Duty of care

A doctor is required to follow the medical standards of practice. This means they must treat patients the same way as an individual doctor with the same type of training and experience would in the same situation. If a physician fails to meet the standard of care, and a patient suffers injury the doctor could be held accountable for malpractice.

The standard of care can differ from one doctor to another, based on a myriad of factors. For instance, some doctors have a higher obligation to inform patients about the dangers associated with certain procedures or treatments than others. The standard of care can also vary based on nature of the doctor-patient relationship. For instance, a doctor who sees a patient in an emergency situation is bound by an obligation to care for them more than a physician who sees patients under a established doctor-patient relationship.

It can be difficult to determine what is the standard of care if a malpractice claim has been filed. An experienced attorney can help. Generally expert witnesses are employed to provide insight into the standards of care in the particular case. The majority of people lack the knowledge and skills or the education needed to determine the quality of care in a medical treatment. Expert witnesses can assist the court in determining if a doctor, or other medical professional, is not up to the standard of care.

Breach of duty

Medical professionals and doctors have a duty to patients to provide them with a reasonable and professional medical care. If medical professionals fail to fulfill this obligation, they could have committed a crime. This is often a result of infractions to the accepted medical standard of care. A broken arm, for instance is required to be x-rayed properly and then set properly before it can be put in a cast. If a doctor does not follow this procedure, he may cause an infection, loss of arm use and other complications.

A medical malpractice lawyer can assist you in determining whether or not a healthcare provider has not met the standards of care required for your particular health condition. This is known as breach of duty and it's an important aspect in any malpractice attorney case. You must establish that the healthcare professional's actions or inactions were not within the standard of care that is required for your condition and caused harm.

This requirement requires proof by an expert witness, who can provide evidence of how the healthcare provider's actions or inactions violated the standard of care for your condition and directly resulted in your suffering injury. Your lawyer will review 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 due to the medical provider'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 a person can get depends on the state laws that govern his or her case.

The majority of doctors in the United States have malpractice insurance to safeguard them from malpractice lawsuits. They are required to carry this insurance by many hospitals as a condition of their hospital privileges or by their employer. Certain medical professionals have group malpractice coverage. However, despite these safeguards, many malpractice cases still have to be argued before the courts.

Medical negligence could cause serious injuries that have long-term consequences on the patient's life. This could include the loss of income as a result of working absences, and higher medical costs and treatment costs. Certain types of medical negligence can even cause permanent damage or even death.

A doctor may be held accountable for negligence if the person who suffered can prove that the injury would not be happening 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 demanding than the standard used in criminal cases, Malpractice lawsuits which requires a higher standard of evidence.

Statute of limitations

A statute of limitations acts similar to a legal stopwatch that tracks the amount of time you must make a claim. This time frame is based on the laws of each state and can differ widely based on the kind of case and when it was discovered.

Some medical conditions are obvious right away, such as the broken leg or traumatic brain injury. Some injuries can take a long time to be apparent. The statute of limitations for lawsuits involving malpractice typically begins when the patient is aware or ought to have known about the negligence or inability to act that caused the harm.

This is known 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 statute of limitations has passed. Certain states have a strict discovery law, while other states have hybrid rules that include the possibility of a time limit or cap for the patient to learn of the injury.

If you or a loved one was injured due to medical malpractice, contact a lawyer immediately. Our law firm is available for free consultations and does not charge a fee unless you win your case. To learn more about a possible malpractice claim, hover over any state on the map below or click a link to learn about the current laws.