What is a Malpractice Claim?

A sumner malpractice lawyer claim is a suit against a medical professional for injuries caused by negligence in diagnosis or treatment. To prove medical malpractice, you need to demonstrate that your doctor's actions were different from the accepted standard of care.

Patients must also prove that the negligence of the doctor directly led to their injury. This requires evidence, such as medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor must act according to the medical standard of practice. This means they must treat a patient in the way that a doctor similar to them and with the same training would under similar circumstances. If a doctor does not meet the standard of care and a patient suffers injury the doctor could be held liable for malpractice negligence.

The standard of care for patients varies between one medical professional and another, based on a variety of factors. Certain doctors, for instance, have a greater obligation to inform their patients of the risks of certain treatments or procedures. The standard of care may also differ based on the nature of the relationship between doctor and patient. For instance, a doctor who provides treatment to someone in an emergency situation has a greater duty of care than a physician who sees patients under a established doctor-patient relationship.

It can be difficult to determine the standard of care when a malpractice claim has been filed. An experienced attorney can help. Expert witnesses are often employed to provide information on the standard care in an individual case. Many people lack the understanding of skills or education needed to determine the standard of care based on medical treatment. Expert witnesses can assist a court determine if a physician or medical professional has violated the standard of care.

Breach of duty

Doctors and other healthcare professionals are required by patients to provide them with adequate and competent medical treatment. If medical professionals fail to perform their obligation, they could have committed malpractice. Most of the time, this means failing to follow the accepted medical standard of care. A broken arm, for example, must be x-rayed correctly and then set properly before it can be placed in a cast. If a physician fails to follow this procedure, he or she may cause an infection, loss of arm use as well as other complications.

A medical attorney can assist you to determine if a healthcare professional has not met the standards of care applicable to your condition. This is referred to as breach of duty and it's an important element in the case of a malpractice. You must be able to show that the healthcare professional's actions or inactions fell below the standard of care for your condition and caused harm.

This requires 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 review all documentation and medical records including any expert witness testimony or evidence.

Damages

Damages in a malpractice case compensate a victim for the damages he or she suffered due to the medical provider's negligence. The damages can be either economic (lost wages and future medical expenses) or non-economic (pain and suffering). The damages that a person could be able to recover will depend on the laws of the state where the case is filed.

Most doctors in the United States have malpractice insurance to protect them from malpractice claims. They are required to carry this insurance by a number of hospitals as a condition of their hospital privileges, or by their employer. Certain medical professionals also have group insurance. Even with these protections, many malpractice cases continue to be handled by the courts.

Medical negligence can result in serious injuries that have long-term consequences on the patient's life. This could include loss of income due to missed employment, as well as increased medical expenses and treatment costs. Certain kinds of medical negligence can even cause permanent injury or even death.

A physician may be held liable for negligence if the plaintiff can demonstrate that the injury could not occur had the patient been properly informed of the risks associated with a procedure. This standard is called "more likely than not" and is less arduous than criminal cases which require a higher level of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch which counts down the time left to file a suit. This period is based on the laws of the state and may vary significantly based on the type of case and the date it was discovered.

Some medical conditions are immediately obvious, such as broken legs or a head injury that is traumatic. Certain injuries may take months or even years to become apparent. The statute of limitations for lawsuits involving malpractice typically starts when the victim discovers or should have been aware of the negligent act or failure to act that caused the harm.

This is known as the discovery rule and it permits patients who may not have known of the medical error to pursue malpractice claims after the standard statute of limitations has passed. Some states have a completely discovery law, while others have hybrid rules that include the possibility of a time limit or cap for the patient to learn of the injury.

If you or someone you love suffered an injury due to medical malpractice, call a lawyer immediately. Our law firm offers free consultations, and there is no cost unless we succeed in your case. Click on any state on the map below for more about a malpractice case or click on a link for current laws.