What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional for harm caused by a negligent diagnosis or treatment. To prove medical malpractice, you need to demonstrate that the doctor's treatment was deviant from the standard of care that is accepted.

Patients must be able to demonstrate that the negligence of the doctor caused their injury. This requires evidence, including medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor has a duty to follow the medical standard of care. This means that they must take care of a patient in a way that a doctor similar to them and with the same training would in the same or similar circumstances. If a doctor does not uphold the standard of care and a patient is injured, they could be liable for malpractice.

The quality of care offered by a doctor can differ from one medical professional to the next, depending on a myriad of factors. Some doctors, for example have a higher obligation to inform their patients about the risks associated with certain procedures or treatments. The standard of care can be different based on the nature and length of the doctor-patient relationship. For instance, a physician who provides treatment to someone in an emergency has a greater duty of care than a doctor who visits patients through an established doctor-patient relationship.

Determining the standard of care in a claim for malpractice is often a difficult task and requires the assistance of an experienced attorney. Generally expert witnesses are employed to help determine the standard of care that is required in a particular instance. The majority of people lack the knowledge of skills, knowledge or education required to establish the level of care based upon a medical treatment. Expert witnesses can help a court determine if a physician or another medical professional has not met the standards of care.

Breach of duty

Medical professionals and doctors owe patients a duty to provide them with reasonable and competent medical treatment. Any healthcare professional who fails to fulfill this obligation could be liable for negligence. This can be due to failing to follow accepted medical standards of care. For instance, a fractured arm has to be properly examined by x-rays and then properly set before it is placed in an arm cast to heal. If a doctor does not follow this procedure, they could result in an infection, loss of arm function, and other complications.

A medical malpractice attorney can help you determine whether or not a healthcare professional did not meet the standard of care for your specific health condition. This is called breach of duty, and it's one of the most crucial aspects in a malpractice case. You must prove that the healthcare professional's actions or inactions fell below the standard of care for your condition and caused harm.

This element requires proof from a qualified expert witness, who will explain how the healthcare provider's actions or actions violated the standard of care for your condition and resulted in your suffering injury. Your lawyer will review all medical records and documentation, including any expert witness testimony or evidence.

Damages

In a malpractice case, damages compensate a victim for the losses he or she has suffered as a result of the negligence of the medical professional. These damages may include economic (lost income or 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 doctors in the United States carry malpractice insurance to protect themselves from lawsuits arising from malpractice. A majority of hospitals require doctors to carry malpractice insurance as a condition to be granted hospital privileges or by their employers. Some medical professionals also have group insurance coverage. However, despite these safeguards, many malpractice cases still have to be argued before the courts.

Medical negligence could result in serious injuries that could have long-term effects on the patient's health. This could mean losing income due to missed employment and increased medical costs and treatment expenses. Certain types of medical negligence may cause permanent disfigurement or death.

A physician may be held liable for negligence if the victim can prove that the injury would not occur if the patient had been informed of the risks associated with the procedure. This standard of proof is called "more likely than not" and is less stringent than the standard in criminal cases that requires a greater degree 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 state laws and can vary widely based on the kind of case and the time it was discovered.

Certain medical injuries are apparent immediately, like the broken leg or brain injury that is traumatic. Some injuries can take a long time to be apparent. In this way, the time-limit for a claim based on a medical malpractice lawsuit usually begins when patients discover or should have realized the negligent act or omission that caused the harm.

This approach is referred to as the discovery rule and it allows patients who may not have been aware of an error in their medical care to pursue malpractice claims after the standard statute of limitations has passed. Certain states have a strict discovery rule, while other states have hybrid rules for discovery that have some sort of cap or limit on the time the patient must wait to find out about an injury.

Contact a lawyer right away if you or someone you have loved has been injured due to medical malpractice. Our law firm offers free consultations and no fee unless we are successful in settling your case. Click on any state on the map below to learn more about a malpractice claim, or click on a link for current laws.