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What is a Malpractice Claim?

A malpractice claim is a lawsuit against a medical professional for injuries caused by negligence in diagnosis or treatment. To prove a medical malpractice case it is necessary to prove that the doctor departed from the accepted standard of care.

Patients must also show that negligence by the doctor directly contributed to their injuries. This requires evidence, like medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor is required to act in accordance with the medical standard of care. This means they must treat patients in the same manner as an individual doctor with the same type of experience and training would in the same circumstances. If a doctor does not meet the standard of care, and a patient gets hurt or injured, they could be held liable for negligence.

The standards of care vary from one medical professional and one another, based upon various factors. Certain doctors, for instance are required to warn their patients about the dangers of certain procedures or treatments. The standard of care can also vary based on nature of the relationship between doctor and patient. A doctor who is treating an emergency patient has a higher duty of care than one who has an established relationship with a doctor.

It is difficult to determine the level of care in a case where a malpractice claim has been filed. An experienced attorney can help. Generally experts are employed to provide information about the standard of care in a particular case. This is due to the fact that most people do not have the necessary knowledge, skills or the education required to determine what the proper standard of care should be dependent on the medical treatment. Expert witnesses can aid the court in determining if an individual doctor, or another medical professional has violated the standards of care.

Breach of duty

Doctors and other medical professionals have a responsibility to patients to provide reasonable and competent medical treatment. If a healthcare professional fails to fulfill this obligation, they may have committed a crime. Most often, this is due to failing to follow the accepted medical standard of care. For example, a broken arm needs to be correctly taken x-rayed, and then properly placed before it can be placed in an arm cast to heal. 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 lawyer can help you determine whether or not a healthcare professional has not met the standards of care for your specific health condition. This is called breach of duty and is one of the most crucial elements in a malpractice attorneys claim. You must prove that the healthcare professional's actions or inactions fell short of the standard of care for your condition and caused harm.

This element requires a qualified expert who can discuss the actions or inactions of the healthcare provider who directly caused your injury. Your lawyer will look over your medical chart and other documentation including any testimony or evidence from a medical expert witness.

Damages

In a malpractice case, damages are awarded to the victim to compensate for the losses he or she has sustained because of the medical professional's negligence. The damages could be economic (lost income as well as future and current medical expenses) and non-economic (pain and suffering). The damages that a person could be able to recover will depend on the laws of the state where his or her case is filed.

Most physicians in the United States carry malpractice insurance to protect themselves against malpractice claims. A majority of hospitals require doctors to have malpractice insurance as a condition for hospital privileges or by their employers. Certain medical professionals also have group insurance. However, despite these safeguards, many malpractice cases have to go through the courts.

Medical negligence can result in serious injuries that have long-term consequences for the patient's health. This could mean losing earnings due to missing work and increased medical costs and treatment costs. A medical error could cause permanent disfigurement, or even death.

A doctor can be held accountable for a malpractice claim if the plaintiff can demonstrate that the injury could not be averted had the patient was properly informed about the risks involved with a procedure. This standard of proof is known as "more likely than not" and is less demanding than the standard used in criminal cases, which requires a higher level of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch that will count down the time to file a lawsuit. This period is based on state laws and can vary significantly based on the type of case and when it was discovered.

Some medical injuries are immediately obvious, such as the fractured leg or head injury that is traumatizing. Other injuries may take months or even years to show up. The statute of limitation in lawsuits involving malpractice typically 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 may not have known of a medical error that has occurred to file a claim for malpractice after the expiration of the statute. Some states follow a pure discovery rule, whereas others have hybrid rules for discovery with a limit or cap on the time the patient must be aware of an injury.

If you or a loved one suffered an injury due to medical malpractice, contact a lawyer right away. Our law firm offers no-cost consultations and there is no charge 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 below to learn about the current laws.