What is a Malpractice Claim?
A malpractice claim is a lawsuit against a doctor seeking the harm caused by negligent treatment or diagnosis. To prove a medical malpractice case one must prove that the doctor's actions were not in line with the recognized standard of care.
Patients must be able to show that the negligence of the doctor caused their injury. This requires evidence, such as medical bills and pay stubs. Expert testimony is also required.
Duty of care
A doctor is required to behave in accordance with the medical standard of care. This means they must treat patients the same way as an individual doctor with the same type of experience and training would under similar circumstances. If a doctor fails to meet the standard of care and a patient gets injured, they could be held accountable for malpractice.
The standard of care can differ from one doctor to another, based on a variety of variables. For instance, certain doctors have a greater responsibility to inform patients of the risks associated with certain treatments or procedures than others do. The standard of care can differ based on the nature and duration of the doctor-patient relationship. For instance, a physician who treats someone in a crisis situation has the responsibility of taking care of them better than a doctor who visits patients under a established doctor-patient relationship.
Determining the appropriate standard of care in a claim for malpractice is usually a complex matter that requires the assistance of an experienced attorney. Generally expert witnesses are employed to provide information about the standard of care that is required in the specific case. Many people lack the understanding and skills or the education needed to determine the quality of care based on medical treatment. Expert witnesses can assist a court in determining whether a doctor, or other medical professional has violated the standards of care.
Breach of duty
Doctors and other medical professionals owe patients a duty to provide them with reasonable, competent medical care. Healthcare professionals who fail to perform this duty could be liable for malpractice. This is often due to their failure to adhere to accepted medical standards of care. For instance, a fractured arm needs to be correctly taken x-rayed, and then properly placed before it can be placed in a cast to heal. If a doctor doesn't follow this procedure, they could cause an infection or loss of arm function and other complications.
A medical malpractice attorney will help you determine whether or not a healthcare provider failed to live up to the standard of care that is required for your particular medical condition. This is referred to as breach of duty, and it's an important aspect in the case of a
malpractice. You must demonstrate that the healthcare provider's actions or inactions were not within the standard of care that is required for your condition and caused harm.
This element requires a qualified expert who can explain the actions or inactions of the healthcare provider that directly caused your injury. Your lawyer will go through all medical records and documentation, including any expert witness testimony or evidence.
Damages
In a malpractice case damages compensate the victim for the losses he or suffers as a result of the medical professional's negligence. The damages can be either economic (lost wages, current and future medical expenses) or non-economic (pain & suffering). The damages that a person is able to receive depend on the state laws that determine the circumstances of their case.
Most physicians in the United States have malpractice insurance to protect themselves against malpractice claims. Many hospitals require them to have malpractice insurance as a condition for hospital privileges, or by their employers. Some medical professionals have group
malpractice lawyers coverage. Despite these protections, many malpractice cases are still handled through the court system.
Medical negligence can cause serious injuries that have long-term consequences on the patient's life. This could result in lost earnings due to missing work as well as an increase in medical expenses and treatment costs. Medical negligence can lead to permanent disfigurement or even death.
A physician can be liable for a malpractice claim if the victim can prove that the accident could not have occurred had the patient been adequately informed of the risks associated with an procedure. This standard is called "more probable than not" and is less rigorous than criminal cases which require a higher standard of evidence.
Statute of limitations
A statute of limitations is a legal stopwatch which counts down the time left to file a lawsuit. The time frame is determined by state laws and can be very different in accordance with the type and date of the case.
Some medical injuries are immediately evident, like the fractured leg or head injury that is traumatic. Some injuries can take months or years to be apparent. The statute of limitation in negligence claims usually starts when the victim discovers or should have known about the negligent act or failure to cause harm.
This is known as the discovery rule. It allows patients who might not have known that a medical mistake has occurred to file a malpractice lawsuit within the timeframe of the statute of limitations. Certain states have a strict discovery rule, while others have hybrid discovery rules that have some sort of cap or limit on the time frame that a patient must wait to find out about an injury.
If you or a loved one suffered an injury due to medical malpractice, contact an
attorney right away. Our law firm offers free consultations and no fee unless we succeed in your case. To learn more about a possible malpractice claim, hover over a state on the map below or click a link to learn about the current laws.