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What is a Malpractice Claim?

A malpractice claim is a lawsuit against a medical professional for injury caused by a negligent diagnosis or treatment. To prove medical malpractice, you need to demonstrate that the doctor's treatment was deviant from the standard of care that is accepted.

Patients must also prove that the negligence of a doctor directly triggered their injuries. This requires evidence, including medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor is obliged to act in accordance with the medical standard of care. This means they must treat patients in the same manner as an individual doctor with the same type of experience and training would in the same circumstances. If a doctor does not meet the standard of care and a patient is hurt the doctor could be held liable for malpractice.

The standard of care varies between one medical professional and another, based on different factors. For instance, some physicians have a higher obligation to inform patients about the dangers associated with certain procedures or treatments than others do. The level of care required may also vary depending on the nature and duration of the doctor-patient relationship. Doctors who treat an emergency patient has a higher duty of care than one with an established doctor-patient relationship.

It can be difficult to determine the appropriate standard of care once a claim has been filed. An experienced attorney can assist. Generally expert witnesses are employed to provide insight into the standard of care in a particular instance. This is because a majority of people do not have the expertise, knowledge or training to know the standards of care that should be in light of medical treatment. Expert witnesses can help a court assess whether a doctor or another medical professional has fallen below the standards of care.

Breach of duty

Medical professionals and other healthcare professionals have a duty to patients to provide reasonable and competent medical care. Any healthcare professional who fails to fulfill this obligation could 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 taken x-rayed, and then properly placed before it is placed in an arm cast to heal. If a physician fails to follow this procedure, he could cause an infection or loss of arm movement or other complications.

A medical malpractice lawyer can help determine if the healthcare provider has not met the standards of care applicable to your particular condition. This is referred to as breach of duty, and it's one of the most crucial elements in a malpractice claim. You must establish that the healthcare professional's inactions or actions fell below the standard of care that is required for your condition, and caused you harm.

This requires evidence from a qualified expert witness who can explain how the healthcare provider's actions or inactions violated the standard of care for your condition and resulted in injury to you. Your lawyer will examine all medical records and documentation including any expert witness testimony or evidence.

Damages

In a malpractice lawsuit, damages compensate the victim for the loss he or suffered due to the medical professional's negligence. These damages could include economic (lost income and future medical expenses) and non-economic (pain and suffering). The amount of damages an individual can recover will depend on the laws of the state in which his or her case is filed.

Most physicians in the United States have malpractice insurance to shield them against malpractice claims. Some hospitals require them to carry malpractice insurance as a condition for hospital privileges or by their employers. Certain medical professionals also have group insurance. Despite these protections, many malpractice cases are still handled through the court system.

Medical negligence can lead to serious injuries that have long-term consequences on the patient's lifestyle. This could include loss of income as a result of a lack of employment and a rise in medical costs and treatment costs. Some types of medical negligence may cause permanent damage or even death.

A physician could be held responsible for a malpractice claim if the person who suffered the injury can prove the harm would not occur had the patient been properly informed of the dangers associated with a procedure. This proof standard is known as "more likely than not" and is less stringent than the standard in criminal cases which requires a higher amount of evidence.

Statute of limitations

A statute of limitations is a legal stopwatch that reduces the time to file a lawsuit. This time period is determined by state laws and can differ in accordance with the type and date of the case.

Certain medical injuries are apparent immediately, like a broken leg or a traumatic brain injury. Other injuries can take a long time to manifest. The statute of limitations for malpractice claims often begins when the patient discovers or should have known about the negligence or inability to cause harm.

This is called the discovery rule. It allows patients who might not have known of a medical error that has occurred to file a malpractice claim after the expiration of the statute. Certain states have a strict discovery rule, while others have hybrid rules for discovery which have a limit or cap on the time that the patient must wait to find out about an injury.

If you or a loved one suffered an injury due to medical malpractice, contact a lawyer right away. Our law firm offers no-cost consultations and there is no charge unless we win your case. To learn more about a possible malpractice claim, hover over a state on the map below or click a link for more information about the laws currently in force.