What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional to recover harm caused by a negligent diagnosis or treatment. To prove medical malpractice, you need to demonstrate that the doctor's treatment was deviant from the accepted standard of care.

Patients must also prove that the doctor's negligence directly led to their injury. This requires evidence like medical bills as well as pay stubs and expert testimony.

Duty of care

A doctor is obliged to perform their duties in accordance with the medical standard of care. This means that they have to treat a patient the manner that a physician of the same type and training would under the same or similar circumstances. If a physician fails to meet the standard of care and a patient gets hurt the doctor could be held accountable for malpractice.

The standard of care can vary from one medical professional to the next, based on a variety of factors. For instance, some doctors have a higher obligation to inform patients of the dangers of certain procedures or treatments than others. The standard of care for patients may also vary depending on the nature and length of the doctor-patient relation. A doctor who is treating a patient in an emergency is more accountable for care than a doctor who has an established relationship with a doctor.

It can be difficult to determine the standard of care when a malpractice claim has been filed. An experienced attorney can assist. Expert witnesses are often used to help determine the standard care in the particular situation. This is because most people do not have the skills, knowledge or education to decide the standards of care that should be determined by medical treatment. Expert witnesses can aid a court in determining whether doctors, or any other medical professional, has not met the standards of care.

Breach of duty

Doctors and other medical professionals owe patients a duty to provide them with a reasonable quality medical care. If medical professionals fail to fulfill this obligation, they may be guilty of malpractice. This usually means that they fail to follow accepted medical standards of care. For example, a broken arm must be properly taken x-rayed, and then properly placed before it is placed in the form of a cast to heal. If a doctor doesn't follow this procedure, he or she could cause an infection or loss of arm use or other complications.

A medical malpractice attorney can help you determine whether or not a medical professional has not met the standards of care required for your particular health condition. This is referred to as breach of duty, and it's an essential aspect of a malpractice case. You must be able to show that the healthcare professional's actions or inactions did not meet the standard of care required for your condition and caused you harm.

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

Damages

In a malpractice case damages are awarded to the victim to compensate for the losses he or suffers as a result of the medical professional's negligence. These damages could be financial (lost wages or future medical costs) or non-economic (pain and suffering). The damages that a person is able to get depends on the laws of the state which determine the circumstances of their case.

The majority of doctors in the United States carry malpractice lawsuit insurance to safeguard themselves from lawsuits arising from malpractice. Many hospitals require them to carry the insurance in order to qualify for hospital privileges, or by their employers. Some medical professionals have group malpractice insurance. Despite these safeguards, many malpractice cases are still referred to the courts.

Medical negligence can lead to serious injuries that can have long-term consequences for the patient's quality of life. This can result in loss of income as a result of absence from work, as well as increased medical expenses and treatment costs. Some medical negligence can cause permanent disfigurement or even die.

A physician may be held accountable for malpractice if the party who was injured establishes that the harm wouldn't have occurred in the event that the patient was informed of the risks associated with the procedure. This standard is called "more probable than not" and it is less arduous than criminal cases, which require a higher level of evidence.

Statute of limitations

A statute of limitation is similar to a legal stopwatch that counts down the amount of time you have to start a lawsuit. This time frame is based on the laws of the state and may vary widely based on the kind of case and the date it was discovered.

Some medical injuries become apparent right away, such as broken legs or a brain injury that has been traumatized. Other injuries may take months or even years to show up. The time limit for malpractice claims often starts when the victim discovers or should have been aware of the negligent act or failure to perform the act that caused the injury.

This method is referred to as the discovery rule and it allows patients who may not have realized of an error in their medical care to pursue malpractice claims after the standard time limit has expired. Some states follow a pure discovery rule, whereas others have hybrid rules for discovery which have a limit or cap on the time the patient must be aware of an injury.

Contact a lawyer right away 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 charge 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 for more information about the laws currently in force.