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 the negligence of a doctor directly led to their injury. This requires evidence like medical bills, pay stubs, and expert testimony.

Duty of care

A doctor is required to adhere to the medical standards of practice. This means that they have to treat a patient the way that a doctor of the same type and training would in similar circumstances. If a doctor fails meet the standards of care and a person is injured, they could be liable for malpractice.

The standard of care can differ from one medical professional to the next, based on a variety. For instance, some doctors have a higher obligation to inform patients of risks associated with certain treatments or procedures than others. The standard of care for patients can also change depending on the nature of the doctor-patient relationship. For instance, a physician who treats someone in an emergency has more responsibility than a doctor who visits patients through a doctor-patient relationship.

Determining the level of care in a malpractice claim is often difficult and requires the assistance of an experienced attorney. Expert witnesses are often employed to help determine the standard care in an individual situation. Many people lack the understanding of skills, knowledge or education required to determine the quality of care based on a medical treatment. Expert witnesses can aid a court in determining whether the doctor, or any other medical professional, has fallen below the standards of care.

Breach of duty

Medical professionals and other healthcare professionals are required by patients to provide them with reasonable and competent medical care. If a healthcare professional fails to perform their obligation, they may have committed a crime. Most often, this is due to not following the accepted medical standard of care. A broken arm, for instance should be examined by x-rays correctly and then set properly before it can be placed into a cast. If a doctor doesn't follow this procedure it could lead to an infection, a complete or partial loss of use of the arm and other complications.

A medical malpractice lawyer can help you determine if a healthcare provider has failed to meet the standards of care applicable to your condition. This is referred to as breach of duty, and is one of the most crucial aspects in a malpractice case. You must demonstrate that the healthcare provider's inactions or actions fell below the standard of care required for your condition and caused harm to you.

This is a requirement for a qualified expert who can explain the actions or inactions of your healthcare provider directly causing your injury. Your lawyer will look over your medical chart and other records including any evidence or testimony from an expert witness in the field of medicine.

Damages

In a case of malpractice, damages are awarded to the victim to compensate for the loss he or she has sustained as a result the medical professional's negligence. These damages may be economic (lost wages or future medical costs) or non-economic (pain & suffering). The damages a person could be awarded depend on the laws of the state which govern the case.

The majority of doctors in the United States carry malpractice insurance to protect themselves from malpractice claims. They are required to do so by many hospitals as a condition of their hospital privileges or by their employer. Some medical professionals also have group malpractice lawsuit insurance coverage. Despite these protections, many malpractice cases still go through the court system.

Medical negligence can result in severe injuries that can have long-term impacts on the patient's quality of life. This can result in loss of income due to absence from work, as well as increased medical costs and treatment costs. Medical negligence can lead to permanent disfigurement, or even death.

A doctor could be held accountable for negligence if the victim is able to prove that the incident wouldn't have happened in the event that the patient was informed of the risks associated with the procedure. This type of proof is called "more likely than not" and is less invasive than the standard used in criminal cases that requires a greater standard of evidence.

Statute of limitations

A statute of limitations acts similar to a legal stopwatch which counts down the amount of time you must bring a lawsuit. This time frame is based on the laws of the state and may vary significantly based on the type of case and the date it was discovered.

Certain medical injuries are immediately evident, like the fractured leg or traumatic head injury. Other injuries may take a long time to manifest. Therefore, the statute of limitations for a malpractice claim often starts when the patient discovers or should have discovered the negligence or omission that caused the injury.

This approach is known as the discovery rule and it allows patients who might not have realized of a medical error to pursue malpractice claims after the standard statute of limitations has passed. Some states have a pure discovery law, while some have hybrid rules that include an upper limit or time frame for the patient to learn of the injury.

Get in touch with a lawyer as soon as you or someone you have loved has been injured due to medical negligence. Our law firm provides free consultations, and we do not charge fees unless you are successful in your case. To learn more about a potential malpractice claim, hover over a state on the map below or click a link for more information about the current laws.