What is a Malpractice Claim?
A malpractice claim is a suit 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's actions were not in line with the standard of care that is accepted.
Patients must also prove that negligence by the doctor directly caused their injury. This requires evidence, like medical bills and pay stubs. Expert testimony is also required.
Duty of care
A doctor must act according to the medical standard of practice. This means they must take care of a patient in a 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 is injured the doctor could be held liable for negligence.
The standard of care can vary from one medical professional to the next, depending on a myriad of factors. For example, some doctors have a greater duty to inform patients about the dangers of certain procedures or treatments than others. The standard of care can depend on the nature and duration of the doctor-patient relationship. A doctor who sees patients in emergency is more accountable for care than a doctor with an established doctor-patient relation.
Determining the level of care in a claim for malpractice is usually a complex matter that requires the help of an experienced attorney. Generally experts are utilized to help determine the standard of care that is required in a particular case. This is because a majority of people do not have the knowledge, skills or training to know what the appropriate standard of care should be based on medical treatment. Expert witnesses can help a judge determine whether a doctor or another medical professional has fallen below the standards of care.
Breach of duty
Doctors and other medical professionals are obliged to their patients to provide reasonable and competent medical treatment. If a healthcare professional fails to fulfill this obligation, they may have committed malpractice. Often, this involves infractions to the accepted medical standard of care. For instance, a fractured arm needs to be correctly diagnosed with x-rays and set correctly before it can be placed in an arm cast to heal. If a physician fails to follow this procedure, it could lead to an infection, complete or partial loss of use of the arm and other complications.
A medical
malpractice lawyer can help you determine if a medical professional has not met the standard of care relevant to your condition. This is called breach of duty and is one of the most crucial aspects of a malpractice claim. You must be able to prove that the healthcare provider's actions or inactions fell below the standard of care for your condition and caused harm.
This requires a qualified expert who can explain the actions or inactions of the healthcare provider directly causing your injury. Your lawyer will review all documentation and medical records, including any expert witness testimony or evidence.
Damages
Damages in a malpractice case are awarded to a victim for expenses he/she has suffered as a result of the medical provider's negligence. These damages may include economic (lost income and future medical expenses) and non-economic (pain and suffering). The damages a person could recover depend on the laws of the state which govern his or her case.
The majority of doctors in the United States carry malpractice insurance to protect themselves from legal claims arising from malpractice. Many hospitals require them to have the insurance in order to qualify for hospital privileges or by their employers. Certain medical professionals also have group
malpractice attorney insurance. Even with these protections, many malpractice cases continue to be handled by the courts.
Medical negligence can lead to serious injuries that have lasting effects on the patient's health. This could mean losing income due to missed employment as well as an increase in medical costs and treatment expenses. Some types of medical negligence may cause permanent damage or even death.
A doctor can be held accountable for malpractice if the party who was injured proves that the injury wouldn't have occurred if the patient had been informed of the risks associated with the procedure. This proof standard is known as "more likely than not" and is less stringent than the standard used in criminal cases which requires a higher degree of evidence.
Statute of limitations
A statute of limitations is a legal stopwatch which reduces the time to file a suit. The duration of the statute of limitations is determined by the laws of each state and can differ significantly based on the type of case and the date it was discovered.
Certain medical injuries are instantly obvious, such as broken legs or a head injury that is traumatic. Other injuries can take a long time to show up. The statute of limitations in malpractice claims often starts when the patient learns or should have been aware of the negligence or inability to cause harm.
This is called the discovery rule. It permits patients who may not have realized that a medical error has occurred to file a claim for
malpractice lawsuits after the statute of limitations. Some states follow a pure discovery rule, whereas others have hybrid discovery rules that include a cap or
Malpractice Lawyer limit on the amount of time a patient must have to discover an injury.
If you or a loved one suffered an injury due to medical malpractice, you should contact an attorney right away. Our law firm offers free consultations, and there is no cost unless we win your case. Click on any state on the map below to find out more about a malpractice claim. Or click a link for the most current laws.