What is a Malpractice Claim?
A malpractice claim is a suit against a medical professional to recover harm caused by a negligent diagnosis or treatment. To prove medical malpractice, you must demonstrate that your doctor's actions were different from the standard of care that is accepted.
Patients must also show that the negligence of the doctor directly triggered their injuries. This requires evidence such as medical bills and pay stubs. Expert testimony is also required.
Duty of care
A doctor must adhere to the medical standards of practice. This means that they have to treat patients the same way as a doctor with the same training and experience would under the same circumstances. If a doctor does not uphold the standard of care and a person is injured, they could be liable for negligence.
The standards of care for patients can differ from one doctor to the next, based on a variety of variables. Certain doctors, for instance are more likely to inform their patients about the dangers of certain treatments or procedures. The standard of care for patients can also differ based on the nature of the doctor-patient relationship. For instance, a doctor who sees a patient in an emergency has the responsibility of taking care of them better than a physician who sees patients in a regular doctor-patient relationship.
It is difficult to determine the appropriate standard of care in a case where a malpractice claim has been filed. An experienced attorney can assist. Expert witnesses are often employed to provide information on the standard care in an individual case. Most people lack the knowledge and skills or the education needed to determine the quality of care based upon a medical treatment. Expert witnesses can aid the court in determining if an individual doctor, or another medical professional, has violated the standards of care.
Breach of duty
Doctors and other medical professionals have a duty to patients to provide them with a reasonable, competent medical care. Any healthcare professional who fails to meet this obligation may be liable for malpractice. Most of the time, this means failing to follow the accepted medical standard of care. For instance, a broken arm needs to be correctly x-rayed and then set properly before it is placed in a cast to heal. If a physician fails to adhere to this process it could result in an infection, either complete or partial loss of use of the arm and other complications.
A medical
malpractice Lawyer (
http://125.141.133.9) can help you determine if a healthcare professional has failed to meet the standard of care applicable to your particular condition. This is called breach of duty, and it's 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 to you.
This requires evidence from a qualified expert witness, who will explain how the healthcare provider's actions or inactions violated the standard of treatment for your condition and directly resulted in your suffering injury. Your lawyer will examine your medical record and other documents including any testimony or evidence provided by a medical expert witness.
Damages
In a malpractice case damages compensate the victim for any losses he/she she has sustained because of the medical professional's negligence. These damages could include economic (lost income and future medical expenses) and non-economic (pain and suffering). The damages that a person is able to recover depend on the laws of the state which govern their case.
Most doctors in the United States carry malpractice insurance to protect themselves against
malpractice law firm claims. A majority of hospitals require doctors to have malpractice insurance as a condition for hospital privileges or by their employers. Some medical professionals also have group insurance. Despite these protections many malpractice cases still have to be argued before the courts.
Medical negligence can lead to serious injuries with long-term consequences for the patient's health. This could include the loss of income due to missed work, and increased medical expenses and treatment costs. Certain kinds of medical negligence could cause permanent damage or even death.
A doctor could be held liable for malpractice if the injured party establishes that the harm wouldn't be happening in the event that the patient was aware of the risks that come with the procedure. This is known as "more probable than not" and is less stringent than criminal cases, which require a higher standard of evidence.
Statute of limitations
A statute of limitations works similar to a legal stopwatch that tracks the amount of time you must make a claim. The duration of the statute of limitations is determined by state laws and can vary widely based on the kind of case and when it was discovered.
Some medical conditions are obvious immediately, like a broken leg or a brain injury that has been traumatized. Other injuries can take months or even years to manifest. The statute of limitation in malpractice claims often begins when the patient is aware or ought to have known about the negligent act or failure to act that caused the harm.
This is called the discovery rule. It allows patients who may not have known that a medical error has occurred to file a malpractice claim after the expiration of the statute. Some states follow a pure discovery rule, whereas other states have hybrid rules for discovery that include a limit or cap on the time frame that a patient must wait to find out about an injury.
If you or a loved one suffered a traumatic injury as a result of medical malpractice, you should contact a lawyer immediately. Our law firm offers no-cost consultations and no fee unless we succeed in your case. Hover over any state in the map below to discover more about a malpractice claim, or click on a link for the most current laws.