Write About Everything

What is a Malpractice Claim?

A malpractice claim is a lawsuit against a doctor seeking injuries resulting from negligent treatment or diagnosis. To prove a medical malpractice case one must demonstrate that the doctor departed from the accepted standard of care.

Patients must be able to be able to prove that the doctor’s negligence caused their injuries. This requires evidence like medical bills as well as pay stubs and expert testimony.

Duty of care

A doctor must act according to the medical standards of practice. This means that they have to treat patients the same way as an individual doctor with the same training and experience would do in the same situation. If a physician fails to meet the standard of care, and a patient gets hurt the doctor could be held liable for malpractice.

The standards of care for patients can differ from one medical professional to another, based on a myriad of factors. For instance, certain doctors are more required to warn patients of the dangers of certain procedures or treatments than others do. The standard of care may also differ based on the nature of the relationship between doctor and patient. For instance, a physician who sees a patient in an emergency situation has a greater duty of care than a physician who sees patients through a doctor-patient relationship.

Determining the standard of care in a claim for malpractice is usually a complex matter that requires the assistance of an experienced attorney. Expert witnesses are frequently used to provide insight into the standard care in the particular situation. Most people lack the knowledge, skills or education necessary to determine the quality of care in a medical treatment. Expert witnesses can help a judge determine if a doctor or any other medical professional has fallen below the standard of care.

Breach of duty

Medical professionals and other healthcare professionals have a responsibility to patients to provide them with an appropriate and competent medical service. If a healthcare professional fails to perform their obligation, they could be guilty of malpractice. This often involves failing to follow accepted medical standards of care. A broken arm, for instance, must be x-rayed correctly and then properly set before it is placed in a cast. If a doctor doesn’t follow this procedure, they could cause an infection, loss of arm function as well as other complications.

A medical malpractice lawyer can assist you in determining whether or not a healthcare provider did not meet the standards of care required for your particular situation. This is referred to as breach of duty, and is one of the most important elements of a malpractice lawsuit. You must prove that the healthcare provider’s actions or inactions were not within the standard of care that is required for your condition, and caused harm to you.

This requirement requires proof by an expert witness, who can describe how the healthcare professional’s actions or inactions violated the standards of treatment for your condition and directly resulted in your suffering injury. Your lawyer will examine your medical chart and other documents, including any testimony or evidence from an expert medical witness.

Damages

In a malpractice lawsuit, damages provide compensation to the victim for the damages he or she suffered as a result of the negligence of the medical professional. These damages can be economic (lost wages, current and future medical costs) or non-economic (pain and suffering). The damages that a person is able to recover depend on the state laws that govern their case.

Most doctors in the United States have malpractice insurance to protect them from malpractice lawsuits. They are required to have it by a number of hospitals as a condition of their hospital privileges or by their employer. Certain medical professionals also have group insurance. However, despite these protections, a lot of malpractice cases still go through the courts.

Medical negligence can result in serious injuries that can have long-term repercussions for the patient’s quality of life. This can include loss of income as a result of absence from work, as well as increased medical costs and treatment costs. A medical error could cause permanent disfigurement or even die.

A doctor can be held accountable for negligence if the injured party can prove that the injury would not occur had the patient been adequately informed about the risks associated with a procedure. This type of proof is called “more likely than not” and is less invasive than the standard in criminal cases which requires a higher level of evidence.

Statute of limitations

A statute of limitations is a legal stopwatch that counts down the time left to file a lawsuit. This period is based on state laws and can vary greatly depending on the type of case as well as the date at which it was discovered.

Some medical injuries are immediately obvious, such as a fractured leg or a head injury that has been traumatized. Certain injuries may take a few months or years to become apparent. Therefore, the statute of limitations for a malpractice lawsuit typically begins when patients discover or should have discovered the negligent act or omission that caused the injury.

This is called the discovery rule. It allows patients who might not have known that a medical error occurred to file a malpractice lawsuit within the timeframe of the statute of limitations. Some states have a pure discovery law, while other states have hybrid rules, which include an upper limit or time frame for the patient to learn of the injury.

Contact a lawyer immediately if you or someone you are caring for has been injured as a result of medical malpractice. Our law firm offers free consultations and does not charge a fee unless you win your case. To find out more about a possible malpractice claim, hover over a state on the map below or click a link for more information about the current laws.