What is a Malpractice Claim?

A malpractice claim is an action against a doctor for injuries resulting from negligent diagnosis or treatment. To prove medical malpractice lawsuit, you need to demonstrate that the doctor's treatment was deviant from the accepted standard of care.

Patients must also show that the doctor's negligence directly contributed to their injuries. This will require evidence such as medical bills and pay stubs as well as expert testimony.

Duty of care

A doctor must follow the medical standard of practice. This means that they have to treat a patient in the same 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 gets hurt and suffers injury, they could be held liable for negligence.

The standards of care for patients can differ from one doctor to the next, depending on a myriad of factors. For instance, some doctors have a greater responsibility to inform patients about the risks of certain procedures or treatments than others. The standard of care may also vary depending on the nature and length of the doctor-patient relation. A doctor who sees patients in emergency is more accountable for care than a doctor who has an established relationship with a doctor.

The determination of the standard of care in a claim for malpractice is usually a complex matter that requires the help of an experienced attorney. Expert witnesses are frequently used to provide insight into the standard of care in the particular case. Most people lack the knowledge of skills, knowledge or education required to determine the quality of care in a medical treatment. Expert witnesses can assist a court in determining whether the doctor, or any other medical professional has violated the standards of care.

Breach of duty

Medical professionals and doctors owe patients a duty to provide them with a reasonable, competent medical care. Any healthcare professional who fails to fulfill this obligation could be found guilty of negligence. This is often due to their failure to follow accepted medical standards of care. For instance, a fractured arm should be properly x-rayed and then set properly before it is placed in an arm cast to heal. If a doctor fails to follow this procedure, he or she could cause an infection, loss of arm use, and other complications.

A medical malpractice attorney will help you determine whether or not a healthcare professional failed to live up to the standard of care for your particular condition. This is known as breach of duty, and it's one of the most important elements in a malpractice claim. You must establish that the healthcare professional's inactions or actions fell below the standard of care for your condition and caused harm.

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

Damages

In a malpractice lawsuit, damages compensate the victim for the loss he or suffers as a result the medical provider's negligence. The damages can be either economic (lost wages and future medical costs) or non-economic (pain & suffering). The damages a person could receive depend on the state laws that govern his or her case.

The majority of doctors in the United States have malpractice insurance to protect them from malpractice claims. A majority of hospitals require doctors to carry the insurance in order to qualify for obtaining hospital privileges or as a requirement by their employers. Certain medical professionals also have group malpractice insurance. However, despite these safeguards, many malpractice cases need to be argued before the courts.

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 expenses and treatment costs. Certain kinds of medical negligence may cause permanent damage or even death.

A doctor may be held accountable for malpractice if the party who was injured proves that the injury wouldn't have occurred in the event that the patient was informed of the potential risks associated with the procedure. This standard of proof is called "more likely than not" and is less invasive than the standard used in criminal cases which requires a more rigorous degree of evidence.

Statute of limitations

A statute of limitation is similar to a stopwatch in law that counts down the amount of time you have to bring a lawsuit. The duration of the statute of limitations is determined by the laws of your state and can vary greatly depending on the type of case and the date it was discovered.

Some medical injuries become apparent immediately, like a broken leg or a brain injury that's traumatizing. Certain injuries may take a few months or years to manifest. As a result, the time-limit for a malpractice case typically is when a patient realizes or should have realized the negligence or omission which caused their injury.

This is known as the discovery rule. It allows patients who may 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 sole discovery law, while other states have hybrid rules that include an upper limit or time frame for the patient to discover the injury.

If you or someone you love was injured due to medical malpractice, contact an attorney right away. Our law firm is available for free consultations and no cost unless we win your case. To learn more about a possible malpractice claim, hover over any state on the map below or click a link to read about the laws currently in force.