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What is a Malpractice Claim?

A malpractice claim is a lawsuit against a medical professional to recover injuries caused by negligence in diagnosis or treatment. To prove a medical malpractice case one must demonstrate that the doctor's treatment was not in accordance with the recognized standard of care.

Patients must also be able to prove that the doctor's negligence caused their injuries. This requires evidence, including 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 must take care of a patient in a way that a doctor with the same kind and training would in the same or similar circumstances. If a doctor fails the standard of care, and a patient gets hurt or injured, they could be held accountable for malpractice.

The standard of care differs between a medical professional and another, based on different factors. Certain doctors, for instance have a higher obligation to inform their patients about the potential risks associated with certain procedures or treatments. The standard of care for patients may be different based on the nature and length of the relationship between doctor and patient. For instance, a doctor who provides treatment to someone in an emergency has the responsibility of taking care of them better than a doctor who visits patients under a established doctor-patient relationship.

The determination of the standard of care in a malpractice claim is usually a complex matter that requires the assistance of an experienced attorney. Generally experts are employed to provide information about the standards of care in the specific case. Most people do not have the knowledge and skills or the education needed to judge the standard of care based upon a medical treatment. Expert witnesses can help a judge determine whether a doctor or any other medical professional has fallen below the standard of care.

Breach of duty

Doctors and other medical professionals owe patients a duty to provide them with reasonable and competent medical treatment. If a healthcare professional fails to meet this obligation, they may have committed malpractice. This is often a result of not following the accepted medical standard of care. A broken arm, for example, must be x-rayed correctly and then properly set before it can be placed in a cast. If a physician fails to follow this procedure, he or she may cause an infection, loss of arm usage and other complications.

A medical malpractice lawyer can help you determine if a healthcare professional has failed to meet the standard of care applicable to your particular condition. This is referred to as breach of duty and is one of the most important elements in a malpractice claim. You must be able to prove that the healthcare professional's actions or inactions fell short of the standard of care required for your condition and caused harm.

This requires evidence from a qualified expert witness, who will clarify how the healthcare professional's actions or inactions violated the standard of care for your condition and resulted in injury to you. Your lawyer will examine your medical chart and other documentation including any testimony or evidence from a medical expert witness.

Damages

In a malpractice lawsuit, damages provide compensation to the victim for the expenses he/she has suffered as a result of the medical provider's negligence. These damages could include economic (lost income, current and future medical expenses) and non-economic (pain and suffering). The damages that a person may be able to recover will depend on the laws of the state in which his or her case is filed.

Most doctors in the United States have malpractice insurance to protect them from malpractice claims. Many hospitals require them have the insurance in order to qualify for hospital privileges or by their employers. Some medical professionals have group malpractice insurance. However, despite these safeguards, many malpractice law firms cases need to be argued before the courts.

Medical negligence can result in serious injuries that could have long-term repercussions for the patient's health. This could include loss of income due to a missed job and increased medical expenses and treatment costs. A medical error could cause permanent disfigurement or even die.

A doctor can be held accountable for a malpractice claim if the victim can prove that the incident could not be averted had the patient was properly informed about the risks associated with an procedure. This is known as "more probable than not" and it is less arduous than criminal cases which require a higher standard of evidence.

Statute of limitations

A statute of limitations acts similar to a legal stopwatch which counts down the amount of time that you have to start a lawsuit. The length of time is determined by state laws and can differ according to the type and date of the case.

Some medical injuries are immediately evident, like broken legs or a head injury that has been traumatized. Other injuries may take months or even years to show up. Therefore, the time-limit for a malpractice lawyer claim often is when a patient realizes or should have discovered the negligence or omission that led to their injury.

This method is referred to as the discovery rule, and it allows patients who might not have known of an error in medical care to pursue malpractice claims after the standard statute of limitations has expired. Some states use a pure discovery rule, whereas others have hybrid discovery rules that have some sort of limit or cap on the amount of time a patient must wait to find out about an injury.

Get a lawyer on the case immediately if you or someone you love has been injured by medical malpractice. Our law firm offers no-cost consultations, and we do not charge a fee unless you are successful in your case. To learn more about a potential malpractice claim, hover over any state on the map below or click a link to learn about the laws currently in force.