What is a Malpractice Claim?

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

Patients must also prove that negligence by the doctor directly triggered their injuries. This requires evidence such as medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor must adhere to the medical standard of practice. This means that they have to treat patients in the same manner as doctors with the same training and experience would do under the same circumstances. If a doctor doesn't meet the standard of care, and a patient is injured, they may be held accountable for malpractice.

The standards of care vary from one medical professional and another, depending on various factors. Certain doctors, for instance, have a greater obligation to inform their patients of the dangers of certain procedures or treatments. The standard of care can differ based on the nature and duration of the doctor-patient relation. For instance, a physician who is treating a patient in an emergency has more responsibility than a doctor who visits patients under a established doctor-patient relationship.

The determination of the standard of care in a case of malpractice is often complicated and requires the assistance of an experienced attorney. Generally expert witnesses are employed to give insight into the standards of care for a particular instance. The majority of people lack the knowledge of skills, malpractice Attorney knowledge or education required to judge the standard of care in a medical treatment. Expert witnesses can assist a court determine if a doctor or another medical professional has slipped below the standard of care.

Breach of duty

Doctors and other healthcare professionals have a responsibility to patients to provide adequate and competent medical treatment. If medical professionals fail to perform their obligation, they could have committed a malpractice. Most often, this is due to failing to follow the accepted medical standard of care. For instance, a broken arm must be properly examined by x-rays and then properly set before it can be placed in a cast to heal. If a physician fails to follow this procedure it could result in an infection, complete or partial loss of use of the arm and other complications.

A medical malpractice attorney (this site) will help you determine whether or not a healthcare provider has not met the standard of care that is required for your particular medical condition. This is known as breach of duty and is an essential element in a malpractice case. 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 is a requirement for a qualified expert who can explain the actions or mistakes of the healthcare provider who directly caused your injury. Your lawyer will scrutinize all documentation and medical records, including any expert witness testimony or evidence.

Damages

In a case of malpractice, damages are awarded to the victim to compensate for losses that he or suffered because of the medical provider's negligence. These damages can be categorized as economic (lost income or future medical expenses) and non-economic (pain and suffering). The amount of damages a person might be able to claim will depend on the laws of the state in which the case is filed.

The majority of doctors in the United States carry malpractice insurance to shield themselves from malpractice claims. They are required to do so by many hospitals as a condition for hospital privileges or by their employers. Certain medical professionals are covered under group malpractice insurance. Even with these protections, many malpractice cases are still referred to the court system.

Medical negligence could cause serious injuries with long-term effects on the patient's lifestyle. This can result in loss of income due to working absences, malpractice attorney and higher medical expenses and treatment costs. Certain types of medical negligence can even cause permanent damage or even death.

A physician could be held responsible for a malpractice claim if injured party can prove that the harm would not be averted had the patient been adequately informed of the risks associated with an procedure. This standard is called "more likely than not" and it is less stringent than criminal cases, which require a higher level of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch which counts down the time left to file a lawsuit. 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 injuries are immediately apparent, such as the fractured leg or traumatic head injury. Other injuries can take months or even years to show up. The time limit for lawsuits involving malpractice typically starts when the patient learns or should have been aware of the negligence or inability to perform the act that caused the injury.

This method is referred to as the discovery rule and it allows patients who might not have been aware of an error in their medical care to pursue malpractice claims after the standard time limit has expired. Certain states have a strict discovery law, whereas others have hybrid rules, which include the possibility of a time limit or cap for the patient's discovery of the injury.

If you or a loved one suffered a traumatic injury as a result of medical negligence, consult a lawyer right away. Our law firm is available for free consultations, and we do not charge a fee unless you succeed in your case. To find out more about a potential malpractice attorneys claim, hover over any state on the map below or click a link to read about the current laws.