What is a Malpractice Claim?
A malpractice claim is a suit against a medical professional for the harm caused by negligent diagnosis or treatment. To prove a medical
malpractice lawyer case one must demonstrate that the doctor's actions were not in line with the standard of care that is accepted.
Patients must also prove that the doctor's negligence 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 obliged to follow the medical standard of care. This means that they must treat a patient the way that a doctor
Malpractice Lawsuits of their same type and training would under the same or similar circumstances. If a doctor fails to uphold the standard of care and a patient gets injured, then they may be held accountable for negligence.
The standard of care may vary from one medical professional to the next, depending on a variety of factors. For instance, certain doctors have a greater duty to inform patients about the dangers associated with certain treatments or procedures 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 provides treatment to someone in a crisis situation has more responsibility as compared to a physician who sees patients under a established doctor-patient relationship.
Determining the level of care in a malpractice claim is usually a complex matter that requires the assistance of an experienced attorney. Generally expert witnesses are employed to provide insight into the standards of care in the specific case. Most people do not have the knowledge of skills, knowledge or education required to establish the level of care based on medical treatment. Expert witnesses can aid in determining if doctors, or any other medical professional is not up to the standard of care.
Breach of duty
Doctors and other medical professionals have a duty to patients to provide them with fair, competent medical care. If a healthcare professional fails to live up to this obligation, they could have committed a malpractice. This can be due to failing to follow accepted medical standards of care. For instance, a fractured arm needs to be correctly x-rayed and then set properly before it is placed in an appropriate cast to heal. If a doctor fails to adhere to this process, it could lead to an infection, a complete or partial loss of arm use and other complications.
A medical legal expert can help you determine if a healthcare professional has not met the standard of care applicable to your particular condition. This is known as breach of duty and is an important aspect in any malpractice case. You must show that the healthcare professional's actions or inactions did not meet the standard of care for your condition and caused harm.
This requirement requires proof by a qualified expert witness, who can provide evidence of how the healthcare provider's actions or inactions violated the standard of treatment for your condition and caused you to be injured. Your lawyer will examine your medical chart and other documentation including any testimony or evidence from an expert witness in the field of medicine.
Damages
In a malpractice lawsuit, damages are awarded to the victim to compensate for the losses he or suffered due to the medical provider's negligence. These damages could be financial (lost wages as well as future and current medical costs) or non-economic (pain & suffering). The amount of damages an individual can recover will depend on the laws of the state where his or her case is filed.
The majority of doctors in the United States have malpractice insurance to protect themselves from
malpractice lawsuits. They are required to do so by a number of hospitals as a condition of hospital privileges or by their employer. Some medical professionals also have group
malpractice law firm insurance coverage. However, despite these protections, the majority of malpractice cases will have to be argued before the courts.
Medical negligence can result in serious injuries that could have lasting effects on the patient's quality of life. This could mean losing income due to missed employment and a rise in medical expenses and treatment costs. Some types of medical negligence could cause permanent damage or even death.
A physician can be liable for a malpractice claim if victim can prove that the incident would not have occurred if the patient had been adequately informed about the risks involved with a procedure. This is known as "more likely than not" and it is less demanding than in criminal cases that require a higher level of evidence.
Statute of limitations
A statute of limitation is a legal stopwatch which is a timer that counts down the amount of time left to file a lawsuit. This time frame is based on state laws and can vary widely based on the kind of case and the date it was discovered.
Certain medical injuries are apparent quickly, for example, the broken leg or brain injury that has been traumatized. Other injuries may take a long time to manifest. In this way, the time limit for a malpractice lawsuit typically starts when the patient discovers or should have discovered the negligent act or omission which caused their harm.
This is known 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 expired. Some states use a pure discovery rule, whereas other states have hybrid discovery rules with a cap or limit 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 negligence, consult an attorney right away. Our law firm offers free consultations and no fee 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 to read about the current laws.