What is a Malpractice Claim?

A malpractice claim is an action against a doctor to recover damages caused by a negligent treatment or diagnosis. To prove a medical malpractice case it is necessary to prove that the doctor departed from the recognized standard of care.

Patients must also prove that the doctor's negligence directly contributed to their injuries. This requires evidence, such as medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor has a responsibility to behave in accordance with the medical standard of care. This means that they have to treat a patient in the same way that a doctor with the same kind and training would in the same or similar circumstances. If a doctor does not meet the standards of care and a patient is injured, they could be held accountable for malpractice.

The standard of care for patients varies between a medical professional and another, malpractice lawsuits based on a variety of factors. For instance, some doctors are more required to inform patients of dangers of certain treatments or procedures than others do. The standard of care can be different based on the nature of the relationship between doctor and patient. A doctor who is treating patients in emergency has a higher standard of care than one with an established doctor-patient relation.

It is difficult to determine the appropriate standard of care once a claim has been filed. An experienced attorney can help. Generally expert witnesses are employed to help determine the standards of care in a particular case. Many people lack the understanding of skills or education needed to establish the level of care based upon a medical treatment. Expert witnesses can assist in determining if an individual doctor, or another medical professional has not met the standards of care.

Breach of duty

Medical professionals and other healthcare professionals have a duty to patients to provide them with reasonable and competent medical care. A healthcare professional who fails to fulfill this obligation could be guilty of negligence. This is often a result of infractions to the accepted medical standard of care. A broken arm, for example requires x-rays that are done correctly and then properly set before it is placed into a cast. If a doctor does not follow this procedure and the result could be an infection, a complete or partial loss of arm use and other complications.

A medical malpractice lawyer can help determine if the healthcare provider has failed to meet the standard of care relevant to your condition. This is known as breach of duty and is an essential aspect of a malpractice case. You must establish that the healthcare professional's inactions or actions fell below the standard care for your condition, and caused harm to you.

This aspect requires a certified expert who can discuss the actions or mistakes of the healthcare provider that caused your injury. Your lawyer will go through all medical records and documentation including any expert witness testimony or evidence.

Damages

In a malpractice lawsuit, damages provide compensation to the victim for the damages he or she suffered as a result of the negligence of the medical professional. The damages can be either economic (lost wages as well as future and current medical costs) or non-economic (pain & suffering). The damages a person can recover depend on the laws of the state which govern their case.

Most physicians in the United States have malpractice insurance to protect them from malpractice lawsuits. They are required to have it by a number of hospitals as a condition of their hospital privileges or by their employer. Certain medical professionals also have group insurance coverage. However, despite these protections, a lot of malpractice cases still go through the courts.

Medical negligence can cause severe injuries that can have long-term impacts on the patient's lifestyle. This could result in lost earnings due to missing work, as well as increased medical costs and treatment expenses. Some kinds of medical negligence may cause permanent disfigurement or death.

A physician may be held liable for a malpractice claim if plaintiff can demonstrate that the accident would not occur had the patient been properly informed of the risks associated with a procedure. This standard of proof is called "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 like a legal timer that counts down the length of time you have to file a lawsuit. This period is based on the laws of your state and can vary significantly based on the type of case and when it was discovered.

Some medical conditions are obvious immediately, like the broken leg or brain injury that has been traumatized. Other injuries may take months or even years to manifest. This means that the time limit for a claim based on a medical malpractice usually starts when the patient discovers or should have realized the negligent act or omission that led to their injury.

This is known as the discovery rule, and it allows patients who may not have known of a medical error to pursue malpractice claims after the standard time limit has expired. Some states follow a pure discovery rule, while other states have hybrid discovery rules which have a limitation or cap on the amount of time a patient must be aware of an injury.

Get a lawyer on the case immediately if you or someone you have a special relationship with has been hurt by medical malpractice. Our law firm offers free consultations and no cost unless we succeed in your case. To learn more about a potential malpractice claim, hover over any state on the map below or click a link to read about the current laws.