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What is a Malpractice Claim?

A malpractice claim is an action against a doctor for injuries resulting from negligent diagnosis or treatment. To prove a medical malpractice case one must prove that the doctor's actions were not in line with the accepted standard of care.

Patients must also show that the negligence of a doctor directly led to their injury. 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 standards of practice. This means that they have to treat patients in the same way as doctors with the same training and experience would in the same circumstances. If a doctor doesn't meet the standard of care and a patient is hurt the doctor could be held accountable for negligence.

The standard of care varies from one medical professional and another, based on different factors. Some doctors, for example are required to inform their patients about the dangers of certain treatments or procedures. The standard of care may differ based on the nature and duration of the doctor-patient relation. For instance, a doctor who is treating a patient in an emergency has the responsibility of taking care of them better as compared to a physician who sees patients under a established doctor-patient relationship.

It is difficult to determine the level of care when a malpractice claim has been filed. An experienced attorney can assist. Generally experts are utilized to give insight into the standard of care in a particular instance. Most people lack the knowledge of skills or education needed to determine the quality of care in a medical treatment. Expert witnesses can assist the court in determining if doctors, or any other medical professional is not up to the standard of care.

Breach of duty

Healthcare professionals and doctors have a responsibility to patients to provide reasonable and competent medical care. If a healthcare professional fails to perform their obligation, they may have committed malpractice. Most often, this is due to failing to follow the accepted medical standard of care. A broken arm, for example is required to be x-rayed properly and then properly set before it can be put in a cast. If a doctor doesn't follow this procedure, he or she could result in an infection, loss of arm function or other complications.

A medical malpractice lawyer can help you determine if a medical professional has not met the standards of care applicable to your condition. This is referred to as breach of duty, which is an important element in an malpractice case. You must be able to show that the healthcare professional's actions or inactions fell short of the standard of care required for your condition and caused you harm.

This requires evidence by an expert witness, who can explain how the healthcare provider's actions or inactions violated the standards of treatment for your condition and directly caused you to suffer injury. Your lawyer will go through all medical records and documentation including any expert witness testimony or evidence.

Damages

In a malpractice case, damages compensate the victim for losses that he or she has sustained due to the medical professional's negligence. These damages could be financial (lost wages as well as future and current medical costs) or non-economic (pain & suffering). The damages a person can get depends on the state laws that govern their case.

The majority of doctors in the United States have malpractice insurance to protect themselves from malpractice lawsuits. Some hospitals require them to carry malpractice insurance as a condition for hospital privileges or by their employers. Certain medical professionals also have group malpractice insurance coverage. Despite these protections, many malpractice cases are still referred to the courts.

Medical negligence can cause serious injuries with lasting effects on the patient's quality of life. This could mean loss of income due to missed work, and increased medical expenses and treatment costs. Some types of medical negligence could cause permanent injury or even death.

A doctor can be held liable for malpractice if the injured party establishes that the harm wouldn't have happened if the patient had been informed of the risks associated with the procedure. This is referred to as "more likely than not" and it is less demanding than in criminal cases which require a higher level of evidence.

Statute of limitations

A statute of limitations works similar to a legal stopwatch that tracks the amount of time you have to make a claim. This time period is determined by the laws of each state and can be very different according to the type and date of the case.

Certain medical injuries are apparent immediately, such as the broken leg or traumatic brain injury. Some injuries can take a few months or years to be apparent. This means that the time-limit for a malpractice case typically is when a patient realizes or should have realized the negligent act or omission which caused their injury.

This is known as the discovery rule and it permits patients who may not have been aware of an error in medical care to pursue malpractice attorneys claims after the standard statute of limitations has expired. Some states have a pure discovery law, while other states have hybrid rules, which include an upper limit or time frame for the patient's discovery of the injury.

If you or someone you love was injured due to medical malpractice, call an attorney immediately. Our law firm is available for free consultations, and there is no cost unless we 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 for more information about the laws currently in force.