What is a Malpractice Claim?
A malpractice claim is a lawsuit against a physician for injuries resulting from negligent treatment or diagnosis. To prove a medical malpractice case it is necessary to prove that the doctor departed from the standard of care that is accepted.
Patients must be able to prove that the doctor's negligence caused their injuries. This requires evidence such as medical bills as well as pay stubs and expert testimony.
Duty of care
A doctor is required to act according to the medical standard of practice. This means that they have to treat a patient the manner that a physician similar to them and with the same training would under similar circumstances. If a physician fails to adhere to the standards of treatment and a patient is injured, they could be liable for negligence.
The standards of care for patients can differ from one doctor to another, based on a variety. For instance, some physicians are more required to inform patients of risks of certain treatments or procedures than others. The standards of care could also vary based on nature of the relationship between doctor and patient. For instance, a physician who is treating a patient in an emergency has the responsibility of taking care of them better as compared to a physician who sees patients in a regular doctor-patient relationship.
The determination of the standard of care in a case of malpractice is often difficult and requires the assistance of an experienced attorney. Expert witnesses are often used to provide insight into the standard care in an individual case. This is because a majority of people lack the expertise, knowledge or the education required to determine what the proper standard of care should be determined by medical treatment. Expert witnesses can aid the court in determining if an individual doctor, or another medical professional, is not up to the standard 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 could have committed a malpractice. Often, this involves infractions to the accepted medical standard of care. For example, a broken arm must be properly examined by x-rays and then properly set before it can be placed in a cast to heal. If a physician fails to adhere to this process and the result could be an infection, a complete or partial loss of use of the arm and other complications.
A medical attorney can assist you to determine if the healthcare provider has failed to meet the standards of care that apply to your particular condition. This is referred to as breach of duty, and is one of the most crucial elements of a
malpractice lawsuit. You must prove that the healthcare professional's actions or inactions were not up to the standard of care for your condition and caused harm.
This requirement requires proof from an expert witness, who can provide evidence of how the healthcare provider's actions or inactions violated the standard of treatment for your condition and caused you to suffer injury. Your lawyer will review your medical chart and other documents including any testimony or evidence obtained from an expert medical witness.
Damages
In a malpractice lawsuit, damages are awarded to a victim for loss he or she suffered as a result of the negligence of the medical professional. These damages can be economic (lost wages or future medical expenses) or non-economic (pain and suffering). The damages that a person is able to get depends on the laws of the state that govern his or her case.
Most doctors in the United States have malpractice insurance to protect them from
malpractice lawyer lawsuits. Many hospitals require them to have the insurance in order to qualify for hospital privileges, or by their employers. Some medical professionals also have group malpractice insurance. However, despite these protections, many malpractice cases need to be argued before the courts.
Medical negligence can cause serious injuries, which can have long-term effects on the patient's quality of life. This can result in loss of income due to the absence of work, as well as an increase in medical expenses and treatment costs. A medical error can lead to permanent disfigurement or even death.
A doctor could be held liable for negligence if the victim establishes that the harm wouldn't be happening in the event that the patient was informed of the risks associated with the procedure. This type of proof is known as "more likely than not" and is less demanding than the standard in criminal cases, which requires a higher degree of evidence.
Statute of limitations
A statute of limitations is a legal stopwatch that counts down the time left to file a lawsuit. This time period is determined by state laws and can be very different according to the type and date of the case.
Certain medical injuries are apparent quickly, for example, an injured leg or brain injury that is traumatic. Certain injuries may take months or even years to be apparent. Therefore, the statute of limitations for a malpractice lawsuit typically starts when the patient discovers or should have discovered the negligence or omission that caused their harm.
This is known as the discovery rule. It allows patients who may not have known that a medical error occurred to file a malpractice lawsuit after the statute of limitations. Some states have a sole discovery law, while some have hybrid rules, which include the time limit for the patient to learn of the injury.
Get a lawyer on the case immediately if you or someone you have loved has been injured due to medical negligence. Our law firm offers no-cost consultations, and there is no cost unless we are successful in settling your case. Hover over any state in the map below to discover more about a malpractice claim or click a link to view current laws.