What is a Malpractice Claim?

A malpractice claim is an action against a doctor to recover damages resulting from a negligent treatment or diagnosis. To prove medical malpractice, you need to prove that your doctor strayed from the accepted standards of care.

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

Duty of care

A doctor must follow the medical standards of practice. This means that they have to treat a patient the manner that a physician with the same kind and training would under similar circumstances. If a doctor does not meet the standard of care and a patient is hurt and suffers injury, they could be held liable for negligence.

The standard of care differs from one medical professional and another, depending on various factors. For instance, some doctors have a greater responsibility to inform patients of dangers associated with certain procedures or treatments than others. The standard of care may 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 has a greater duty of care than a doctor who treats patients under a established doctor-patient relationship.

It is difficult to determine the level of care if a malpractice claim has been filed. An experienced attorney can help. Expert witnesses are often utilized to provide information on the standard of care in an individual case. This is due to the fact that most people lack the expertise, knowledge or education to decide what the standard of care should be based on medical treatment. Expert witnesses can aid the court in determining if a doctor, or other medical professional, has fallen below the standards of care.

Breach of duty

Medical professionals and other healthcare professionals have a duty to patients to provide an appropriate and competent medical service. If medical professionals fail to live up to this obligation, they could have committed a malpractice. This is often a result of not adhering to the accepted medical standard of care. For instance, a fractured arm must be properly diagnosed with x-rays and set correctly before it is placed in a cast to heal. If a physician fails to follow this process it could lead to an infection, partial or full loss of arm use and other complications.

A medical malpractice lawyer can help you determine if a healthcare professional has failed to meet the standards of care applicable to your particular condition. This is called breach of duty, and is one of the most crucial elements in a malpractice claim. You must prove that the healthcare provider's actions or inactions were not within the standard care for your condition and caused you harm.

This requires evidence from an expert witness, who will explain how the healthcare provider's actions or inactions violated the standard of treatment for your condition and resulted in injury to you. Your lawyer will scrutinize all documentation and medical records including any expert witness testimony or evidence.

Damages

Damages in a malpractice case pay a victim compensation for the expenses he/she has 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 amount of damages an individual could be able to recover will depend on the laws of the state in which his or her case is filed.

Most physicians in the United States carry malpractice insurance to safeguard themselves from lawsuits arising from malpractice. Many hospitals require them to have malpractice insurance as a condition for hospital privileges, or by their employers. Some medical professionals also have group insurance. However, despite these safeguards, the majority of malpractice cases will have to be argued before the courts.

Medical negligence can lead to serious injuries with long-term consequences for the patient's health. This can include lost earnings due to missing work, as well as increased medical costs and treatment expenses. Some medical negligence can cause permanent disfigurement or even death.

A physician could be held responsible for negligence if the person who suffered the injury can prove the incident would not have occurred if the patient had was properly informed about the risks associated with a procedure. This proof standard is known as "more likely than not" and is less invasive than the standard in criminal cases which requires a higher degree of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch that reduces the time to file a lawsuit. This time frame is based on state laws and can vary significantly based on the type of case as well as the date at which it was discovered.

Certain medical injuries are instantly apparent, such as a fractured leg or a head injury that is traumatic. Other injuries can take a long time to show up. In this way, the statute of limitations for a malpractice law firm claim often begins when patients realize or should have discovered the negligent act or omission that caused their injury.

This is called the discovery rule. It allows patients who may not have realized that a medical error has occurred to file a malpractice claim after the expiration of the statute. Certain states have a strict discovery rule, while other states have hybrid rules for discovery which have a limit or cap on the time the patient must wait to find out about an injury.

If you or someone you love suffered a traumatic injury as a result of medical malpractice, contact a lawyer right away. Our law firm provides free consultations and no fee unless we win your case. To find out more about a potential malpractice claim, hover over a state on the map below or click a link to learn about the laws currently in force.