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What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional to recover injury caused by a negligent diagnosis or treatment. To prove a medical malpractice claim it is necessary to prove that the doctor’s actions violated the standard of care that is accepted.

Patients must also prove that the negligence of a doctor directly contributed to their injuries. This requires evidence, such as medical bills and pay stubs as well as expert testimony.

Duty of care

A doctor is required to follow the medical standard of practice. This means that they have to take care of a patient in a way that a doctor of the same type and training would in the same or similar circumstances. If a doctor fails uphold the standard of care and a patient gets injured, they could be liable for negligence.

The standard of care can differ from one medical professional to the next, depending on a variety of variables. Certain doctors, for instance, have a greater obligation to inform their patients about the risks associated with certain treatments or procedures. The standard of care for patients may differ based on the nature and duration of the doctor-patient relationship. Doctors who treat patients in an emergency has a higher standard of care than one with an established relationship with a doctor.

It can be difficult to determine what is the standard of care when a malpractice claim has been filed. An experienced attorney can assist. Generally expert witnesses are employed to provide information about the standard of care that is required in a particular instance. The majority of people lack the knowledge, skills or education necessary to judge the standard of care based on medical treatment. Expert witnesses can assist the court in determining if a doctor, or other medical professional, is not up to the standard of care.

Breach of duty

Doctors and other medical professionals owe patients a duty to provide reasonable quality medical care. If a healthcare professional fails to meet this obligation, they may have committed malpractice. Most of the time, this means not following the accepted medical standard of care. A broken arm, for example, must be x-rayed correctly and then properly placed before it can be put into a cast. If a doctor fails to adhere to this process, it could lead to an infection, complete or partial loss of arm use and other complications.

A medical malpractice lawyer can help you determine if a healthcare professional has failed to meet the standard of care relevant to your condition. This is known as breach of duty and it’s an essential aspect of any malpractice case. You must prove that the healthcare provider’s inactions or actions fell below the standard of care for your condition and resulted in harm to you.

This requirement requires proof by an expert witness who can clarify how the healthcare professional’s actions or inactions violated the standards of care for your condition and directly caused you to be injured. Your lawyer will review your medical chart and other documents including any evidence or testimony from an expert medical witness.

Damages

Damages in a case of malpractice provide compensation to the victim for the expenses he/she has suffered as a result of the negligence of the medical professional. These damages may be economic (lost wages, current and future medical expenses) or non-economic (pain and suffering). The amount of damages an individual might be able to claim will depend on the laws of the state in which the case is filed.

Most physicians in the United States carry malpractice insurance to protect themselves from lawsuits arising from malpractice lawyers. They are required to do this by a number of hospitals as a condition for hospital privileges or by their employers. Certain medical professionals have group malpractice coverage. Even with these insurances, many malpractice cases still have to be argued before the courts.

Medical negligence could result in serious injuries that have long-term effects on the patient’s health. This could result in lost income as a result of a lack of employment, as well as increased medical expenses and treatment costs. Certain types of medical negligence may cause permanent injury or even death.

A physician can be liable for negligence if the plaintiff can demonstrate that the injury would not have occurred if the patient had been adequately informed of the dangers associated with a procedure. This is known as “more probable than not” and it is less demanding than in criminal cases that require a higher standard of evidence.

Statute of limitations

A statute of limitations acts like a legal timer which counts down the amount of time you must start a lawsuit. This time period is determined by the laws of each state and can differ depending on the nature and date of the case.

Some medical conditions are obvious right away, such as the broken leg or traumatic brain injury. Other injuries can take months or even years to manifest. The time limit for lawsuits for malpractice usually starts when the victim discovers or should have discovered the negligence or inability to cause harm.

This method is referred to as the discovery rule and it permits patients who may not have known of a medical error to pursue malpractice claims after the standard statute of limitations has passed. Certain states have a strict discovery rule, while others have hybrid discovery rules which have a limitation or cap on the time frame that a patient must wait to find out about an injury.

Get a lawyer on the case immediately if you or someone you are caring for has been injured as a result of medical malpractice. Our law firm offers no-cost consultations, and there is no cost unless we succeed in your case. To find out more about a potential malpractice lawyer claim, hover over a state on the map below or click a link for more information about the laws currently in force.