What is a Malpractice Claim?

A malpractice claim is a lawsuit against a medical professional to recover injury caused by a negligent diagnosis or treatment. To prove medical malpractice, you must show that your doctor deviated from the standard of care that is accepted.

Patients must be able to be able to prove that the doctor's negligence caused their injuries. 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 standards of practice. This means they must treat patients the same way as an individual doctor with the same type of experience and training would under similar circumstances. If a doctor doesn't meet the standard of care and a patient gets hurt the doctor could be held liable for negligence.

The standard of care may vary from one medical professional to another, based on a myriad of factors. For instance, some doctors have a greater duty to inform patients of the dangers associated with certain treatments or procedures than others do. The standard of care for patients can be different based on the nature of the relationship between doctor and patient. For instance, a physician who provides treatment to someone in an emergency has an obligation to care for them more than a doctor who treats patients through an established doctor-patient relationship.

The determination of the standard of care in a malpractice claim is usually a complex matter that requires the assistance of an experienced attorney. Generally experts are employed to provide information about the standards of care for the particular case. This is because a majority of people do not have the expertise, knowledge or education to decide the standards of care that should be in light of medical treatment. Expert witnesses can aid in determining if an individual doctor, or another medical professional has not met the standards of care.

Breach of duty

Medical professionals and doctors have a responsibility to patients to provide reasonable, competent medical care. Any healthcare professional who fails to perform this duty could be liable for malpractice. Most often, this is due to failing to follow the accepted medical standard of care. For example, a broken arm must be properly x-rayed and then set properly before it is placed in an arm cast to heal. If a doctor fails to follow this procedure, he or she could cause an infection, loss of arm function, and other complications.

A medical malpractice attorney can help you determine whether or not a healthcare provider failed to live up to the standards of care required for your specific situation. This is called breach of duty and is one of the most important elements of a malpractice lawsuit. You must prove that the healthcare provider's actions or actions were not in line with the standard of care that is required for your condition, and caused harm to you.

This requirement requires proof by a qualified expert witness, who can describe how the healthcare professional's actions or inactions violated the standards of treatment for your condition and directly resulted in injury to you. Your lawyer will review your medical chart and other documentation including any testimony or evidence from an expert medical witness.

Damages

In a malpractice lawsuit, damages compensate a victim for the damages he or she suffered due to the medical provider's negligence. These damages could include economic (lost income and future medical expenses) and non-economic (pain and suffering). The damages a person could get depends on the laws of the state which govern the case.

The majority of doctors in the United States have malpractice insurance to safeguard them from malpractice lawsuits. They are required to do this by many hospitals as a condition of their hospital privileges or by their employer. Some medical professionals also have group malpractice insurance. However, despite these safeguards, the majority of malpractice cases will have to be argued before the courts.

Medical negligence can cause serious injuries that can have long-term repercussions for the patient's quality of life. This can include lost income due to missed employment and increased medical costs and treatment costs. A medical error could cause permanent disfigurement or even die.

A doctor can be held accountable for negligence if the injured party can prove that the injury could not have occurred had the patient was properly informed about the dangers associated with a procedure. This proof standard 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 limitation is like a legal timer that tracks the amount of time you must file a lawsuit. The time limit is determined by the laws of your state and can vary greatly depending on the type of case as well as the date at which it was discovered.

Some medical injuries become apparent right away, such as broken legs or a brain injury that's traumatizing. Certain injuries may take months or even years to become apparent. In this way, the time limit for a malpractice lawsuit typically begins when patients realize or should have discovered the negligent act or omission that caused their injury.

This is called the discovery rule. It permits patients who might not have known that a medical error occurred to file a malpractice claim after the statute of limitations. Some states have a completely discovery law, whereas others have hybrid rules that contain the time limit for the patient to learn of the injury.

If you or a loved one suffered an injury due to medical malpractice, contact a lawyer right away. Our law firm provides free consultations, and we do not charge fees unless you are successful in your case. To find out more about a possible malpractice claim, hover over a state on the map below or click a link below to learn about the laws currently in force.