What is a Malpractice Claim?
A
malpractice claim is a suit against a medical professional to recover injuries caused by negligence in diagnosis or treatment. To prove a medical malpractice claim one must demonstrate that the doctor's actions violated the recognized standard of care.
Patients must also show that the negligence of a doctor directly led to their injury. This requires evidence like medical bills and pay stubs as well as expert testimony.
Duty of care
A doctor has a duty to follow the medical standard of care. This means that they have to treat patients in the same way as an individual doctor with the same training and experience would do in the same circumstances. If a doctor fails meet the standard of care and a patient gets injured, they could be liable for
malpractice.
The standard of care differs between a medical professional and another, based on different factors. For instance, some physicians have a higher obligation to warn patients of the risks of certain procedures or treatments than others. The standard of care can depend on the nature and length of the doctor-patient relationship. For instance, a physician who is treating a patient in an emergency has more responsibility as compared to a physician who sees 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. Expert witnesses are frequently used to help determine the standard of care for an individual case. The majority of people lack the knowledge of skills, knowledge or education required to judge the standard of care based upon a medical treatment. Expert witnesses can assist a court assess whether a doctor or medical professional has not met the standards of care.
Breach of duty
Doctors and other medical professionals have a duty to patients to provide them with a reasonable and professional medical care. If a healthcare professional fails to perform their obligation, they may have committed a crime. This often involves failing to follow accepted medical standards of care. A broken arm, for example is required to be x-rayed properly and then set properly before it is placed into a cast. If a doctor does not follow this procedure, he or she could result in an infection, loss of arm movement or other complications.
A medical legal expert can help you determine if a medical professional has not met the standard of care applicable to your particular condition. This is known as breach of duty and it's an important aspect in a malpractice case. You must be able to prove that the healthcare professional's actions or inactions were not up to the standard of care required for your condition and caused you harm.
This aspect requires proof by a qualified expert witness who can describe how the healthcare professional's actions or inactions violated the standard of treatment for your condition and resulted in your suffering injury. Your lawyer will scrutinize all medical records and documentation including any expert witness testimony or evidence.
Damages
In a malpractice case, damages are awarded to a victim for expenses he/she has suffered due to the medical provider's negligence. These damages may include economic (lost income or future medical expenses) and non-economic (pain and suffering). The damages an individual can receive depend on the state laws that govern his or her case.
The majority of physicians in the United States carry malpractice insurance to shield themselves from lawsuits arising from malpractice. They are required to have it by a number of hospitals as a condition of hospital privileges or by their employer. Certain medical professionals are covered under group malpractice coverage. However, despite these protections, a lot of malpractice cases are still referred to the courts.
Medical negligence can cause serious injuries that have long-term consequences on the life of the patient. This could include loss of income due to a missed job, as well as 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 victim can prove that the injury would not occur had the patient was properly informed about the risks associated with a procedure. This standard is called "more probable than not" and is less arduous than criminal cases that require a higher standard of evidence.
Statute of limitations
A statute of limitations acts like a legal timer that counts down the length of time it takes to make a claim. The time limit is determined by the laws of each state and can differ widely based on the kind of case as well as the date at which it was discovered.
Certain medical injuries are instantly obvious, such as broken legs or a traumatic head injury. Other injuries may take a long time to manifest. The statute of limitations in
malpractice law firm claims often starts when the patient learns or should have known about the negligence or inability to perform the act that caused the injury.
This approach is referred to as the discovery rule and it permits patients who may not have realized of a medical error to pursue malpractice claims after the standard statute of limitations has expired. Some states have a sole discovery law, whereas others have hybrid rules that include the time limit for the patient to discover the injury.
If you or a loved one was injured as a result of medical malpractice, you should contact a lawyer immediately. Our law firm offers no-cost consultations and does not charge fees unless you win your case. To learn more about a possible malpractice claim, hover over any state on the map below or click a link below to learn about the laws currently in force.