What is a Malpractice Claim?
A malpractice claim is a lawsuit against a doctor to recover damages resulting from a negligent diagnosis or treatment. To prove a medical malpractice claim one must demonstrate that the doctor's treatment was not in accordance with the standard of care that is accepted.
Patients must also show that negligence by the doctor directly led to their injury. This requires evidence, including medical bills and pay stubs. Expert testimony is also required.
Duty of care
A doctor is required to adhere to the medical standard of practice. This means that they must treat a patient in the way that a doctor with the same kind and training would in the same or similar circumstances. If a doctor fails the standard of care and a patient gets hurt the doctor could be held accountable for negligence.
The standard of care for patients varies from one medical professional and another, based on a variety of factors. Certain doctors, for instance have a higher obligation to inform their patients about the potential risks associated with certain treatments or procedures. The standard of care can differ based on the nature and duration of the relationship between doctor and patient. A doctor who sees an emergency patient is more accountable for care than a doctor who has an established doctor-patient relationship.
Determining the level of care in a case of malpractice is often difficult and requires the assistance of an experienced attorney. Expert witnesses are often employed to give insight into the standard care in the particular situation. This is because the majority of people lack the necessary knowledge, skills or the education required to determine what the appropriate standard of care should be based on medical treatment. Expert witnesses can assist a court assess whether a doctor or any other medical professional has fallen below the standards of care.
Breach of duty
Doctors and other healthcare professionals are accountable to their patients to provide reasonable and competent medical care. If medical professionals fail to fulfill this obligation, they may be guilty of malpractice. This is often due to their failure to follow accepted medical standards of care. A broken arm, for example, must be x-rayed correctly and then set properly before it can be placed in a cast. If a doctor fails to adhere to this process, it could lead to an infection, either complete or partial loss of arm use and other complications.
A medical
malpractice lawyer can help determine if a healthcare provider has not met the standard of care relevant to your condition. This is referred to as breach of duty and it's an important element in the case of a malpractice. You must demonstrate that the healthcare provider's actions or inactions fell short of the standard of care required for your condition and resulted in harm to you.
This aspect requires proof from a qualified expert witness, who can provide evidence of how the healthcare provider's actions or inactions violated the standards of treatment for your condition and directly caused you to be injured. Your lawyer will go through all documentation and medical records, including any expert witness testimony or evidence.
Damages
In a malpractice case, damages are awarded to the victim to compensate for the losses he or she has sustained due to the medical professional's negligence. The damages could be economic (lost income or future medical expenses) and non-economic (pain and suffering). The amount of damages that a person can recover will depend on the laws of the state where the case is filed.
The majority of physicians in the United States have malpractice insurance to protect them from malpractice lawsuits (
Keep Reading). They are required to carry this insurance by many hospitals as a condition of hospital privileges or by their employers. Certain medical professionals are covered under group malpractice insurance. Despite these safeguards, many malpractice cases continue to be handled by the court system.
Medical negligence can cause serious injuries with long-term repercussions for the patient's health. This could result in lost income as a result of a lack of employment as well as an increase in medical costs and treatment costs. Medical negligence can lead to permanent disfigurement, or even death.
A physician may be held liable for negligence if the victim can prove that the harm could not have occurred if the patient had been adequately informed about the risks associated with an procedure. This type of proof is called "more likely than not" and is less stringent than the standard used in criminal cases which requires a higher degree of evidence.
Statute of limitations
A statute of limitations works like a legal stopwatch that tracks the amount of time you must bring 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 conditions are obvious immediately, like broken legs or a brain injury that has been traumatized. Other injuries can take a long time to show up. The time limit for
malpractice lawsuit claims often starts when the victim discovers or should have known about the negligent act or failure to perform the act that caused the injury.
This approach is referred to as the discovery rule and it allows patients who may not have realized of a medical error to pursue malpractice claims after the standard statute of limitations has expired. Some states follow a pure discovery rule, whereas others have hybrid rules for discovery which have a limitation or cap on the time frame that a patient must have to discover an injury.
If you or a loved one was injured as a result of medical malpractice, call an attorney right away. Our law firm offers free consultations, and there is no cost unless we 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 laws currently in force.