What is a Malpractice Claim?

A malpractice claim is a lawsuit against a doctor seeking damages caused by a negligent diagnosis or treatment. To prove a medical malpractice case it is necessary to prove that the doctor's actions violated the accepted standard of care.

Patients must also be able to prove that the doctor's negligence caused their injuries. This requires evidence, such as medical bills and pay stubs as well as expert testimony.

Duty of care

A doctor must follow the medical standards of practice. This means they must treat patients in the same way as a doctor with the same type of training and experience would do under similar circumstances. If a physician fails to meet the standard of care and a patient is hurt the doctor could be held accountable for malpractice.

The standard of care varies between a medical professional and another, based on different factors. For instance, some physicians have a greater duty to inform patients of the dangers of certain treatments or procedures than others. The standard of care 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 situation is bound by more responsibility than a doctor who treats patients under a established doctor-patient relationship.

Determining the standard of care in a case of malpractice is usually a complex matter that requires the assistance of an experienced attorney. Generally expert witnesses are employed to provide information about the standards of care in the specific case. Most people do not have the knowledge, skills or education necessary to determine the quality of care based on medical treatment. Expert witnesses can help a court assess whether a doctor or other medical professional has violated the standards of care.

Breach of duty

Medical professionals and other healthcare professionals have a responsibility to patients to provide them with adequate and competent medical treatment. 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 example requires x-rays that are done correctly and then properly set before it can be placed in a cast. If a doctor does not follow this procedure, he or she could cause an infection or loss of arm function, and other complications.

A medical malpractice lawyer will help you determine whether or not a healthcare professional did not meet the standard of care for your specific situation. This is called breach of duty and is one of the most important elements of a malpractice lawsuit. You must establish that the healthcare professional's actions or inactions fell short of the standard care for your condition and caused harm to you.

This requires a qualified expert who can discuss the actions or inactions of the healthcare provider directly causing your injury. Your lawyer will examine all documentation and medical records, including any expert witness testimony or evidence.

Damages

In a malpractice lawsuit, damages compensate a victim for the losses he or she has suffered as a result of the negligence of the medical professional. These damages could be financial (lost wages, current and future medical expenses) or non-economic (pain & suffering). The amount of damages an individual could be able to recover will depend on the laws of the state where his or her case is filed.

The majority of physicians in the United States have malpractice insurance to safeguard them from malpractice lawsuits. Some hospitals require them to carry the insurance in order to qualify for obtaining hospital privileges or as a requirement by their employers. Some medical professionals also have group insurance coverage. Despite these protections many malpractice cases need to be argued before the courts.

Medical negligence could cause serious injuries, which can have long-term effects on the life of the patient. This could mean losing earnings due to missing work as well as an increase in medical costs and treatment costs. Some kinds of medical negligence may cause permanent disfigurement or even death.

A doctor can be held liable for malpractice if the injured party is able to prove that the incident wouldn't have occurred in the event that the patient was aware of the risks associated with the procedure. This proof standard is known as "more likely than not" and is less rigorous than the standard used in criminal cases, which requires a higher standard of evidence.

Statute of limitations

A statute of limitation is like a legal stopwatch that counts down the amount of time you have to make a claim. The time frame is determined by the laws of each state and may be different in accordance with the type and date of the case.

Some medical issues are evident immediately, such as a broken leg or a traumatic brain injury. Certain injuries may take months or even years to manifest. As a result, the statute of limitations for a malpractice lawsuit typically is when a patient realizes or should have realized the negligence or omission that led to their harm.

This is called the discovery rule. It allows patients who might not have realized of a medical error that has occurred to file a malpractice lawsuit after the expiration of the statute. Certain states have a strict discovery law, while some have hybrid rules, which include the possibility of a time limit or cap for the patient to discover the injury.

If you or a loved one was injured as a result of medical negligence, consult an attorney right away. Our law firm provides free consultations, and we do not charge fees unless you succeed in your case. To find out more about a possible malpractice claim, hover over a state on the map below or click a link to learn about the laws currently in force.