What is a Malpractice Claim?

A malpractice claim is a lawsuit against a doctor for injuries resulting from negligent diagnosis or treatment. To prove medical malpractice, you need to show that your doctor malpractice lawsuit deviated from the accepted standards of care.

Patients must also show that the negligence of a doctor directly caused their injury. This requires evidence, such as medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor is obliged to act in accordance with the medical standard of care. This means that they have to take care of a patient in a way that a doctor of the same type and training would under the same or similar circumstances. If a doctor does not meet the standard of care and a patient is injured, they may be held liable for negligence.

The standard of care may differ from one medical professional to another, based on a variety. Certain doctors, for instance are more likely to inform their patients of the potential risks associated with certain treatments or procedures. The standard of care may also change depending on the nature of the relationship between doctor and patient. A doctor who is treating patients in emergency has a higher duty of care than a doctor who has an established doctor-patient relationship.

It can be difficult to determine the standard of care once a claim has been filed. An experienced attorney can assist. Expert witnesses are often utilized to give insight into the standard of care in an individual situation. Most people do not have the knowledge of skills, knowledge or education required to judge the standard of care based upon a medical treatment. Expert witnesses can assist a court determine if a doctor or medical professional has not met the standard of care.

Breach of duty

Medical professionals and doctors owe patients a duty to provide them with fair, competent medical care. If a healthcare professional fails to fulfill this obligation, they could have committed malpractice. 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 set properly before it can be placed in a cast. If a doctor fails to follow this process it could lead to an infection, complete or partial loss of arm use and other complications.

A medical malpractice attorney can help you determine whether or not a medical professional has not met the standards of care required for your specific health condition. This is referred to as breach of duty, and it's 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 care for your condition, and caused harm to you.

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

Damages

In a malpractice lawsuit, damages compensate the victim for the loss he or suffered due to the medical provider's negligence. These damages may be economic (lost wages as well as future and current medical costs) or non-economic (pain & suffering). The amount of damages that a person could be able to recover will depend on the laws of the state where the case is filed.

Most physicians in the United States carry malpractice insurance to shield themselves from legal claims arising from malpractice. Many hospitals require them to have the insurance in order to qualify for obtaining hospital privileges or as a requirement by their employers. Some medical professionals also have group malpractice insurance. However, despite these protections, many malpractice cases need to go through the courts.

Medical negligence can lead to serious injuries that have long-term consequences on the patient's life. This could mean losing earnings due to missing work, as well as increased medical costs and treatment costs. Certain kinds of medical negligence could cause permanent disfigurement or death.

A doctor can be held accountable for an action for malpractice lawsuits if the plaintiff can demonstrate that the accident would not occur had the patient been adequately informed about the risks involved with a procedure. This standard is called "more probable than not" and it is less arduous than criminal cases that require a higher level of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch that counts down the time left to file a suit. This period is determined by the laws of each state and can be very different according to the type and date of the case.

Some medical issues are evident immediately, like broken legs or a traumatic brain injury. Certain injuries may take months or even years to manifest. The statute of limitations for lawsuits involving malpractice typically begins when the patient discovers or should have known about the negligent act or failure to perform the act that caused the injury.

This approach is referred to as the discovery rule and it allows patients who might not have known of an error in medical care to pursue malpractice claims after the standard statute of limitations has expired. Some states use a pure discovery rule, whereas others have hybrid rules for discovery that include a limit or cap on the time frame that a patient has to be aware of an injury.

Contact a lawyer immediately if you or someone you are caring for has been injured as a result of medical malpractice. Our law firm offers free consultations and does not charge a fee unless you win 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 laws currently in force.