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 prove that your doctor strayed from the standard of care that is accepted.

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

Duty of care

A doctor must act according to the medical standards of practice. This means they must treat patients in the same manner as a doctor with the same type of training and experience would do in the same situation. If a doctor fails the standard of care, and a patient is injured the doctor could be held accountable for negligence.

The standard of care varies from one doctor to another, depending on various factors. For instance, some physicians have a higher obligation to inform patients of risks of certain treatments or procedures than others. The standard of care can differ based on the nature and length of the doctor-patient relationship. A doctor who is treating patients in emergency has a higher obligation to care than one with an established doctor-patient relationship.

It can be difficult to determine what is the standard of care if a malpractice claim has been filed. An experienced attorney can assist. Expert witnesses are often employed to help determine the standard of care for an individual situation. This is due to the fact that most people lack the skills, knowledge, or education to determine what the standard of care should be determined by medical treatment. Expert witnesses can help a court determine if a doctor or any other medical professional has not met the standard of care.

Breach of duty

Healthcare professionals and doctors are accountable to their patients to provide an appropriate and competent medical service. If a healthcare professional fails to meet this obligation, they may have committed a malpractice. This can be due to failing to follow accepted medical standards of care. A broken arm, for instance, must be x-rayed correctly and then set properly before it can be put in a cast. If a doctor does not follow this procedure, he or she could cause an infection, loss of arm use as well as other complications.

A medical malpractice lawyer can help you determine if a medical professional has failed to meet the standards of care applicable to your condition. This is referred to as breach of duty and it's an essential element in an malpractice case. You must show that the healthcare professional's actions or inactions were not up to the standard of care for your condition and caused harm.

This element requires a qualified expert who can provide an explanation of the actions or mistakes of the healthcare provider that directly caused your injury. Your lawyer will scrutinize all documentation and medical records, including any expert witness testimony or evidence.

Damages

In a malpractice case damages are awarded to the victim to compensate for any losses he/she suffers due to the medical provider's negligence. The damages could be 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 the case is filed.

Most doctors in the United States carry malpractice insurance to protect themselves against legal claims arising from malpractice. They are required to do so by a number of hospitals as a condition of their hospital privileges, or by their employer. Some medical professionals have group malpractice insurance. However, despite these protections, a lot of malpractice attorney cases are still handled through the court system.

Medical negligence could cause severe injuries that can have long-term impacts on the life of the patient. This could include the loss of income due to working absences, and higher medical costs and treatment costs. Some medical negligence can cause permanent disfigurement, or even death.

A physician could be held responsible for a malpractice claim if person who suffered the injury can prove the harm could not occur had the patient been adequately informed of the dangers associated with a procedure. This proof standard is known as "more likely than not" and is less rigorous than the standard in criminal cases which requires a more rigorous level of evidence.

Statute of limitations

A statute of limitations is a legal stopwatch that is a timer that counts down the amount of time left to file a suit. This time frame is based on the laws of the state and may vary widely based on the kind of case and when it was discovered.

Certain medical injuries are apparent immediately, such as broken legs or a brain injury that's traumatizing. Other injuries may take months or even years to manifest. The statute of limitations for malpractice claims often begins when the patient is aware or ought to have known about the negligent act or failure to act that caused the harm.

This is called the discovery rule. It allows patients who might not have been aware that a medical error has occurred to file a claim for malpractice after the expiration of the statute. Some states have a pure discovery law, while others have hybrid rules that contain the possibility of a time limit or cap for the patient to find out about the injury.

Contact a lawyer right away if you or someone you have loved has been injured due to medical negligence. Our law firm is available for free consultations and no fee unless we are successful in settling your case. To find out 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.