What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional for injuries caused by negligence in diagnosis or treatment. To prove a medical malpractice claim one must prove that the doctor's actions violated the accepted standard of care.

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

Duty of care

A doctor is required to behave in accordance with the medical standard of care. This means that they must take care of a patient in a manner that a physician of the same type and training would in the same or similar circumstances. If a doctor does not meet the standard of care and a patient is hurt or injured, they could be held liable for malpractice.

The quality of care offered by a doctor can vary from one medical professional to another, based on a myriad of factors. For instance, some doctors are more required to inform patients about the dangers associated with certain treatments or procedures than others do. The standard of care for patients may also vary depending on the nature and length of the doctor-patient relation. For instance, a physician who treats someone in an emergency situation is bound by more responsibility than a doctor who visits patients through an established doctor-patient relationship.

It is difficult to determine the appropriate standard of care when a malpractice claim has been filed. An experienced attorney can assist. Generally experts are utilized to give insight into the standards of care for a particular instance. The majority of people lack the knowledge, skills or education necessary to determine the quality of care in a medical treatment. Expert witnesses can aid an individual judge in determining whether doctors, 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 adequate and competent medical treatment. If a healthcare professional fails to perform their obligation, they may be guilty of malpractice. This can be due to failing to adhere to accepted medical standards of care. For instance, a fractured arm should be properly x-rayed and then set properly before it is placed in an appropriate cast to heal. If a doctor does not follow this procedure it could lead to an infection, partial or full loss of use of the arm and other complications.

A medical malpractice lawyer can help you determine if a healthcare provider has not met the standard of care applicable to your condition. This is known as breach of duty, which is an important element in any malpractice case. You must prove that the healthcare provider's actions or inactions fell short of the standard care for your condition and caused you harm.

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

Damages

In a malpractice law firms case, damages provide compensation to the victim for the expenses he/she has suffered as a result of the negligence of the medical professional. These damages may be economic (lost wages as well as future and current medical costs) or non-economic (pain & suffering). The damages an individual can receive depend on the laws of the state that govern their case.

Most physicians in the United States carry malpractice insurance to protect themselves from malpractice claims. Many hospitals require them carry the insurance in order to qualify for hospital privileges or by their employers. Some medical professionals have group malpractice insurance. Despite these protections, many malpractice cases are still referred to the court system.

Medical negligence could result in serious injuries that can have long-term consequences for the patient's health. This could result in lost income as a result of a lack of employment and increased medical costs and treatment expenses. A medical error can lead to permanent disfigurement, or even death.

A doctor can be held liable for negligence if the person who suffered can prove that the injury would not have occurred if the patient had been aware of the risks associated with the procedure. This type of proof is known as "more likely than not" and is less rigorous than the standard in criminal cases which requires a higher level of evidence.

Statute of limitations

A statute of limitations is a legal stopwatch which is a timer that counts down the amount of time left to file a suit. The duration of the statute of limitations is determined by the laws of the state and may vary greatly depending on the type of case and when it was discovered.

Certain medical injuries are instantly visible, such as the fractured leg or head injury that is traumatic. Other injuries can take a long time to show up. Therefore, the time-limit for a malpractice lawsuit typically is when a patient realizes or should have discovered the negligent act or omission which caused their harm.

This method is referred to as the discovery rule and it permits patients who may not have known of an error in medical care to pursue malpractice claims after the standard time limit has expired. Some states have a sole discovery law, whereas others have hybrid rules, which include an upper limit or time frame for the patient to discover the injury.

Get in touch with a lawyer as soon as you or someone you have a special relationship with has been hurt by medical negligence. Our law firm provides free consultations and does not charge fees unless you win your case. To find out more about a possible malpractice claim, hover over any state on the map below or click a link to read about the current laws.