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 claim one must prove that the doctor's actions violated the standard of care that is accepted.
Patients must also show that the negligence of the doctor directly contributed to their injuries. This requires evidence, like medical bills and pay stubs. Expert testimony is also required.
Duty of care
A doctor is required to follow the medical standards of practice. This means that they have to treat a patient in the same manner that a physician with the same kind and training would in similar circumstances. If a doctor does not adhere to the standards of care and a patient gets injured, then they may be liable for malpractice.
The standard of care varies between a medical professional and another, depending on various factors. Some doctors, for example are required to inform their patients of the dangers of certain treatments or procedures. The standard of care for patients can also vary based on nature of the doctor-patient relationship. A doctor who treats patients in an emergency has a higher obligation to care than one with an established relationship with a doctor.
Determining the appropriate standard of care in a malpractice case is often complicated and requires the help of an experienced attorney. Expert witnesses are often used to help determine the standard of care for a specific case. This is due to the fact that most people do not have the skills, knowledge or the education required to determine what the standard of care should be determined by medical treatment. Expert witnesses can assist in determining if an individual doctor, or another medical professional, has not met the standards of care.
Breach of duty
Medical professionals and other healthcare professionals have a duty to patients to provide them with reasonable and competent medical care. A healthcare professional who fails to comply with this obligation could be found guilty of negligence. This is often a result of failing to follow the accepted medical standard of care. For instance, a broken arm needs to be correctly diagnosed with x-rays and set correctly before it is placed in an arm cast to heal. If a doctor does not adhere to this procedure it could result in an infection, complete or partial loss of arm use and other complications.
A medical malpractice lawyer can help you determine if the healthcare provider has failed to meet the standard of care relevant to your particular condition. This is known as breach of duty, and it's one of the most important elements of a malpractice lawsuit. You must demonstrate that the healthcare provider's inactions or actions fell below the standard of care required for your condition and caused harm to you.
This is a requirement for a qualified expert who can explain the actions or inactions of your healthcare provider who directly caused your injury. Your lawyer will examine all medical records and documentation, including any expert witness testimony or evidence.
Damages
In a
malpractice lawsuit, 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, current and future medical expenses) and non-economic (pain and suffering). The amount of damages that a person may be able to recover 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. Many hospitals require them to carry the insurance in order to qualify for obtaining hospital privileges or as a requirement by their employers. Certain medical professionals have group malpractice insurance. Even with these insurances, the majority of malpractice cases will have to go through the courts.
Medical negligence can result in serious injuries with long-term effects on the patient's quality of life. This can result in loss of income as a result of the absence of work, as well as an increase in medical expenses and treatment costs. Some types of medical negligence can even cause permanent disfigurement or death.
A physician can be liable for a malpractice claim if the victim can prove that the harm would not occur had the patient been adequately informed of the risks associated with an procedure. This is referred to as "more likely than not" and is less rigorous than criminal cases which require a higher level of evidence.
Statute of limitations
A statute of limitations works similar to a stopwatch in law that counts down the length of time you must make a claim. The time frame is determined by state laws and can vary depending on the nature and date of the case.
Certain medical injuries are instantly evident, like broken legs or a head injury that has been traumatized. Some injuries can take a few months or years to manifest. This means that the time limit for a
malpractice lawsuit typically is when a patient realizes or should have realized the negligent act or omission that led to their harm.
This is known as the discovery rule. It permits patients who may not have been aware of a medical error that has occurred to file a malpractice lawsuit after the statute of limitations. Certain states have a strict discovery law, while others have hybrid rules that contain the time limit for the patient to learn of the injury.
If you or someone you love was injured due to medical malpractice, call an attorney right away. Our law firm offers no-cost consultations and does not charge fees unless you succeed in your case. Click on any state on the map below to learn more about a malpractice claim. Or click a link for current laws.