What is a Malpractice Claim?
A malpractice claim is a lawsuit against a medical professional to recover harm caused by a negligent diagnosis or treatment. To prove a medical malpractice case one must prove that the doctor departed from the accepted standard of care.
Patients must also prove that the doctor's negligence caused their injury. This requires evidence, including medical bills and pay stubs. Expert testimony is also required.
Duty of care
A doctor is required to adhere to the medical standards of practice. This means that they must treat a patient in the way that a doctor similar to them and with the same training would in the same or similar circumstances. If a physician fails to uphold the standard of treatment and a patient is injured, they could be liable for malpractice.
The standards of care for patients can differ from one medical professional to the next, depending on a myriad of factors. For example, some doctors have a greater responsibility to warn patients of the dangers of certain treatments or procedures than others. The level of care required may differ based on the nature and length of the doctor-patient relation. For instance, a physician who treats someone in an emergency situation has the responsibility of taking care of them better than a doctor who visits patients through a doctor-patient relationship.
It can be difficult to determine the level of care once a claim has been filed. An experienced attorney can help. Generally, expert witnesses are used to help determine the standards of care in a particular instance. This is due to the fact that most people do not have the skills, knowledge or education to decide what the proper standard of care should be in light of medical treatment. Expert witnesses can help a court determine if a doctor or another medical professional has violated the standards of care.
Breach of duty
Medical professionals and doctors have a duty to patients to provide them with fair and competent medical treatment. A healthcare professional who fails to comply with this obligation could be found guilty of negligence. This can be due to failing to adhere to accepted medical standards of care. A broken arm, for example requires x-rays that are done correctly and then properly set before it can be put into a cast. If a doctor doesn't follow this procedure, he could cause an infection or loss of arm use or other complications.
A medical malpractice attorney can assist you in determining whether or not a medical professional didn't meet the standard of care that is required for your specific medical condition. This is referred to as breach of duty, and it's one of the most important elements in a
malpractice claim. You must demonstrate that the healthcare provider's inactions or actions fell below the standard care for your condition and resulted in harm to you.
This is a requirement for a qualified expert who can provide an explanation of the actions or inactions of your healthcare provider that directly caused your injury. Your lawyer will review your medical chart and other documents including any evidence or testimony from a medical expert witness.
Damages
Damages in a malpractice case compensate a victim for the damages he or she suffered due to the negligence of the medical professional. These damages may be economic (lost wages or future medical expenses) or non-economic (pain and suffering). The damages that a person could be able to recover will depend on the laws of the state in which the case is filed.
Most doctors in the United States have malpractice insurance to safeguard them from malpractice lawsuits. Many hospitals require them have malpractice insurance as a condition to be granted hospital privileges or by their employers. Some medical professionals also have group insurance. Despite these protections many malpractice cases still have to go through the courts.
Medical negligence can result in serious injuries that have long-term consequences on the patient's life. This could include the loss of income due to working absences, and higher medical costs and treatment costs. Some kinds of medical negligence may cause permanent injury or even death.
A doctor can be held liable for malpractice if the party who was injured is able to prove that the incident wouldn't have occurred in the event that the patient was informed of the potential risks associated with the procedure. This proof standard is known as "more likely than not" and is less demanding than the standard used in criminal cases which requires a more rigorous degree of evidence.
Statute of limitations
A statute of limitation is similar to a stopwatch in law that tracks the amount of time you must make a claim. The time limit is determined by the laws of each state and can differ greatly depending on the type of case as well as the date at which it was discovered.
Certain medical injuries are instantly evident, like broken legs or a traumatic head injury. Some injuries can take months or even years to become apparent. In this way, the time limit for a malpractice claim often is when a patient realizes or should have discovered the negligence or omission that caused the harm.
This is called the discovery rule. It allows patients who may not have realized of a medical error that has occurred to file a claim for malpractice within the timeframe of the statute of limitations. Some states use a pure discovery rule, whereas other states have hybrid rules for discovery which have a limit or cap on the time frame that a patient must be aware of an injury.
If you or someone you love was injured as a result of medical malpractice, contact an attorney right away. Our law firm offers no-cost consultations and there is no charge unless we win your case. To find out more about a potential
malpractice lawyer claim, hover over any state on the map below or click a link for more information about the current laws.