What is a Malpractice Claim?
A malpractice claim is a lawsuit against a doctor for damages caused by a negligent diagnosis or treatment. To prove a medical malpractice case it is necessary to prove that the doctor's actions violated the accepted standard of care.
Patients must also show that negligence by the doctor directly led to their injury. This requires evidence, such as medical bills and pay stubs. Expert testimony is also required.
Duty of care
A doctor must follow the medical standard of practice. This means that they have to treat a patient in the same manner that a physician similar to them and with the same training would in the same or similar circumstances. If a doctor fails the standard of care and a patient suffers injury the doctor could be held accountable for negligence.
The standards of care for patients can differ from one medical professional to the next, depending on a variety of variables. For instance, certain doctors have a greater responsibility to inform patients about the risks associated with certain procedures or treatments than others do. The standard of care for patients may be different based on the nature and length of the doctor-patient relationship. For instance, a physician who provides treatment to someone in an emergency situation has an obligation to care for them more than a doctor who treats patients through an established doctor-patient relationship.
It can be difficult to determine the standard of care once a claim has been filed. An experienced attorney can assist. Generally expert witnesses are employed to provide insight into the standards of care in a particular case. Many people lack the understanding of skills, knowledge or education required to establish the level of care based upon a medical treatment. Expert witnesses can assist in determining if doctors, or any other medical professional has fallen below the standards of care.
Breach of duty
Doctors and other medical professionals owe patients a duty to provide them with reasonable and competent medical treatment. Healthcare professionals who fail to comply with this obligation could be guilty of malpractice. This is often a result of not adhering to the accepted medical standard of care. For instance, a fractured arm needs to be correctly examined by x-rays and then properly set before it is placed in an arm cast to heal. If a doctor fails to adhere to this process it could result in an infection, partial or full loss of use of the arm 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 particular condition. This is referred to as breach of duty, and it's an important element in any malpractice case. You must be able to show that the healthcare professional's actions or inactions were not up to the standard of care required for your condition and caused harm.
This requires a qualified expert who can explain the actions or inactions of your healthcare provider directly causing your injury. Your lawyer will examine your medical chart and other documentation, including any evidence or testimony from an expert medical witness.
Damages
In a malpractice lawsuit, damages are awarded to the victim to compensate for losses that he or suffers as a result 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 a person could be awarded depend on the state laws that determine the circumstances of their case.
The majority of doctors in the United States have malpractice insurance to safeguard them from
malpractice lawsuits. A majority of hospitals require doctors to carry malpractice insurance as a condition for hospital privileges or by their employers. Certain medical professionals also have group malpractice insurance. Even with these protections, many malpractice cases continue to be handled by the courts.
Medical negligence could cause serious injuries that have long-term consequences on the patient's lifestyle. This can include loss of income due to working absences, and higher medical expenses and treatment costs. Some types of medical negligence could cause permanent injury or even death.
A physician could be held responsible for an action for malpractice if the injured party can prove that the injury could not have occurred if the patient had was properly informed about the risks associated with a procedure. This type of proof is called "more likely than not" and is less demanding than the standard used in criminal cases that requires a greater standard of evidence.
Statute of limitations
A statute of limitations works like a legal stopwatch that tracks the amount of time you have to file a lawsuit. This period is determined by state laws and may be different depending on the nature and date of the case.
Some medical injuries become apparent right away, such as an injured leg or traumatic brain injury. Certain injuries may take months or years to become apparent. This means that the statute of limitations for a malpractice case typically starts when the patient discovers or should have realized the negligence or omission that led to their injury.
This is called the discovery rule. It permits patients who might 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 pure discovery law, whereas others have hybrid rules, which include the possibility of a time limit or cap for the patient's discovery of the injury.
Get in touch with a lawyer as soon as you or someone you are caring for has been injured as a result of medical malpractice. Our law firm provides free consultations and does not charge fees unless you win your case. To learn more about a potential malpractice claim, hover over any state on the map below or click a link to read about the laws currently in force.