What is a Malpractice Claim?
A malpractice claim is an action against a doctor seeking the harm caused by negligent treatment or diagnosis. To prove medical malpractice, you need to demonstrate that your doctor's actions were different from the standard of care that is accepted.
Patients must also demonstrate that the negligence of the doctor caused their injury. This requires evidence, such as medical bills and pay stubs as well as expert testimony.
Duty of care
A doctor has a responsibility to act in accordance with the medical standard of care. This means that they must treat a patient in the same manner that a physician of their same type and training would in similar circumstances. If a physician fails to meet the standard of care, and a patient is injured and suffers injury, they could be held liable for malpractice.
The standards of care vary between one medical professional and another, based on different factors. For instance, certain doctors have a greater responsibility to warn patients of the dangers of certain treatments or procedures than others do. The standards of care could be different based on the nature of the doctor-patient relationship. For instance, a doctor who sees a patient in an emergency has more responsibility than a doctor who visits patients through a doctor-patient relationship.
Determining the level of care in a malpractice case is usually a complex matter that requires the help of an experienced attorney. Expert witnesses are often utilized to provide information on the standard of care in a specific situation. Many people lack the understanding of skills, knowledge or education required to determine the quality of care based on medical treatment. Expert witnesses can help a judge determine if a doctor or other medical professional has slipped below the standards of care.
Breach of duty
Doctors and other healthcare professionals are required by patients to provide appropriate and competent medical care. Any healthcare professional who fails to fulfill this obligation could be guilty of negligence. This can be due to failing to adhere to accepted medical standards of care. A broken arm, for instance is required to be x-rayed properly and then set correctly before it is placed in a cast. If a doctor doesn't adhere to this procedure and the result could be an infection, partial or full loss of use of the arm and other complications.
A medical legal expert can help you determine if the healthcare provider has not met the standard of care relevant to your condition. This is referred to as breach of duty and it's an essential aspect of any malpractice case. You must demonstrate that the healthcare provider's inactions or actions fell below the standard of care that is required for your condition, and caused harm.
This requires evidence by an expert witness who can provide evidence of how the healthcare provider's actions or actions violated the standard of treatment for your condition and caused you to be injured. Your lawyer will go over your medical chart and other records, including any evidence or testimony from medical experts.
Damages
In a malpractice case, damages compensate the victim for losses that he or suffers as a result of the medical provider's negligence. The damages could be economic (lost income and future medical expenses) and non-economic (pain and suffering). The amount of damages that a person might be able to claim will depend on the laws of the state where his or her case is filed.
Most doctors in the United States have malpractice insurance to safeguard them from
malpractice lawsuits (
sneak a peek here). Many hospitals require them to carry the insurance in order to qualify for hospital privileges, or by their employers. Certain medical professionals have group malpractice coverage. However, despite these protections, many malpractice cases need to go through the courts.
Medical negligence can lead to serious injuries that could have long-term consequences for the patient's quality of life. This can include lost income due to missed employment and increased medical costs and treatment costs. A medical error could cause permanent disfigurement, or even death.
A physician can be liable for a malpractice claim if the person who suffered the injury can prove the harm would not have occurred if the patient had was properly informed about the risks involved with a procedure. This standard of proof is known as "more likely than not" and is less rigorous than the standard in criminal cases, which requires a higher standard of evidence.
Statute of limitations
A statute of limitations is a legal stopwatch which counts down the time left to file a lawsuit. The time frame is determined by the laws of each state and can vary depending on the type and date of the case.
Some medical injuries become apparent right away, such as a broken leg or a brain injury that's traumatizing. Some injuries can take a long time to become apparent. In this way, the time-limit for a malpractice claim often begins when patients discover or should have discovered the negligent act or omission which caused their harm.
This is known as the discovery rule. It permits patients who may not have realized that a medical mistake has occurred to file a claim for malpractice after the expiration of the statute. Certain states have a strict discovery rule, whereas others have hybrid discovery rules that have some sort of cap or limit on the time the patient must have to discover 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 free consultations and no fee unless we win your case. Select a state on the map below to find out more about a malpractice claim. Or click on a link for current laws.