What is a Malpractice Claim?
A malpractice claim is a lawsuit against a physician for injuries resulting from negligent treatment or diagnosis. To prove medical malpractice, you must show that your doctor deviated from the accepted standards of care.
Patients must be able to 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 is required to perform their duties in accordance with the medical standard of care. This means that they have to treat patients in the same way as doctors with the same type of training and experience would in the same situation. If a physician fails to meet the standard of care, and a patient gets hurt or injured, they could be held accountable for malpractice.
The quality of care offered by a doctor can differ from one medical professional to the next, depending on a variety. Some doctors, for example are more likely to warn their patients about the dangers of certain treatments or procedures. The standards of care could also vary based on nature of the doctor-patient relationship. A doctor who treats patients in emergency has a higher obligation to care than one with an established relationship with a doctor.
Determining the standard of care in a malpractice claim is often difficult and requires the help of an experienced attorney. Expert witnesses are often used to help determine the standard of care for an individual situation. Most people do not have the knowledge, skills or education necessary to determine the standard of care based upon a medical treatment. Expert witnesses can help a court determine if a doctor or any other medical professional has not met the standards of care.
Breach of duty
Healthcare professionals and doctors have a duty to patients to provide them with reasonable and competent medical care. Healthcare professionals who fail to perform this duty could be found guilty of malpractice. Most often, this is due to not adhering to the accepted medical standard of care. For instance, a fractured arm has to 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 could cause an infection, loss of arm usage, and other complications.
A medical malpractice lawyer can help determine if the healthcare provider has not met the standard of care applicable to your particular condition. This is known as breach of duty, and is one of the most important elements of a malpractice lawsuit. You must establish that the healthcare professional's actions or inactions fell short of the standard care for your condition, and caused harm.
This requires evidence by a qualified expert witness who can describe how the healthcare professional's actions or actions violated the standard of care for your condition and directly caused you to suffer injury. Your lawyer will review all medical records and documentation, including any expert witness testimony or evidence.
Damages
Damages in a case of malpractice provide compensation to the victim for the losses he or she has suffered as a result of the medical provider's negligence. These damages may be economic (lost wages or future medical expenses) or non-economic (pain & suffering). The amount of damages an individual can recover will depend on the laws of the state where his or her case is filed.
Most physicians in the United States have malpractice insurance to protect them from
malpractice lawsuits. Many hospitals require them have the insurance in order to qualify for hospital privileges or by their employers. Certain medical professionals are covered under group malpractice insurance. Even with these insurances, many
malpractice cases need to be argued before the courts.
Medical negligence can result in severe injuries that can have long-term impacts on the patient's life. This could mean loss of income as a result of missed work, and increased medical costs and treatment costs. Medical negligence can lead to permanent disfigurement or even death.
A physician could be held responsible for a malpractice claim if injured party can prove that the harm would not have occurred had the patient been adequately informed of the risks associated with an procedure. This is referred to as "more likely than not" and it is less demanding than in criminal cases, which require a higher level of evidence.
Statute of limitations
A statute of limitations is a legal stopwatch which reduces the time to file a suit. This period is determined by state laws and can be very different according to the type and date of the case.
Some medical injuries are immediately evident, like a fractured leg or a head injury that is traumatizing. Other injuries may take a long time to show up. This means that the time limit for a malpractice case typically begins when patients discover or should have discovered the negligent act or omission that led to their harm.
This is called the discovery rule. It allows patients who may not have realized that a medical error occurred to file a malpractice claim within the timeframe of the statute of limitations. Some states have a sole discovery law, while others have hybrid rules that include a cap or time limit for the patient to discover the injury.
If you or someone you love was injured due to medical malpractice, you should contact a lawyer immediately. Our law firm offers no-cost consultations and there is no charge unless we succeed in your case. To learn more about a potential malpractice claim, hover over any state on the map below or click a link for more information about the current laws.