What is a Malpractice Claim?

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

Patients must be able to prove that the doctor's negligence 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 follow the medical standards of practice. This means that they have to treat patients the same way as doctors with the same type of training and experience would under the same circumstances. If a doctor does not meet the standards of care and a patient is injured, then they may be held accountable for negligence.

The standard of care may vary from one medical professional to the next, based on a myriad of factors. For instance, some physicians are more required to inform patients of dangers associated with certain treatments or procedures than others do. The standard of care for patients can also change depending on the nature of the relationship between doctor and patient. For instance, a physician who is treating a patient in an emergency situation is bound by the responsibility of taking care of them better than a doctor who visits patients through an established doctor-patient relationship.

It can be difficult to determine the standard of care if a malpractice claim has been filed. An experienced attorney can help. Generally experts are employed to provide insight into the standards of care for the specific case. Many people lack the understanding, skills or education necessary to determine the standard of care based on medical treatment. Expert witnesses can aid in determining if an individual doctor, or another medical professional has fallen below the standards of care.

Breach of duty

Medical professionals and doctors have a duty to patients to provide reasonable quality medical care. Any healthcare professional who fails to comply with this obligation could be liable for negligence. This often involves failing to follow accepted medical standards of care. A broken arm, for instance should be examined by x-rays correctly and then properly set before it can be placed in a cast. If a doctor fails to follow this process it could lead to an infection, complete or partial loss of arm use and other complications.

A medical malpractice attorney can help you determine whether or not a medical professional failed to live up to the standards of care for your specific situation. This is called breach of duty, and is one of the most important aspects in a malpractice case. You must demonstrate that the healthcare provider's actions or inactions were not within the standard care for your condition and caused you harm.

This is a requirement for a qualified expert who can provide an explanation of the actions or mistakes of the healthcare provider that directly caused your injury. Your lawyer will go through all documentation and medical records, including any expert witness testimony or evidence.

Damages

Damages in a malpractice case pay a victim compensation for the expenses he/she has suffered due to the medical provider's negligence. The damages could be economic (lost income or future medical expenses) and non-economic (pain and suffering). The damages that a person can recover will depend on the laws of the state in which his or her case is filed.

The majority of physicians in the United States have malpractice insurance to protect them from malpractice lawsuits. A majority of hospitals require doctors to have malpractice insurance as a condition to be granted hospital privileges or by their employers. Certain medical professionals are covered under group malpractice insurance. Despite these protections, many malpractice cases continue to be handled by the court system.

Medical negligence can cause serious injuries that can have lasting effects on the patient's health. This could result in lost income due to a missed job as well as an increase in medical expenses and treatment costs. Certain kinds of medical negligence may cause permanent disfigurement or even death.

A doctor could be held liable for malpractice if the party who was injured can prove that the injury would not occur if the patient had been aware of the risks that come 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 limitations is a legal stopwatch that is a timer that counts down the amount of time left to file a lawsuit. The time frame is determined by the laws of each state and can vary depending on the type and date of the case.

Some medical issues are evident right away, such as the broken leg or brain injury that has been traumatized. Other injuries can take months or even years to manifest. The statute of limitation in lawsuits for malpractice usually begins when the patient discovers or ought to have known about the negligent act or failure to do something that caused the harm.

This is called the discovery rule. It permits patients who might not have realized that a medical mistake has occurred to file a claim for malpractice within the timeframe of the statute of limitations. Some states have a pure discovery law, while others have hybrid rules that contain the time limit for the patient to learn of the injury.

Contact a lawyer immediately if you or someone you have loved has been injured due to medical negligence. Our law firm is available for free consultations, and there is no cost unless we win your case. To learn more about a possible malpractice claim, hover over a state on the map below or click a link to learn about the current laws.