What is a Malpractice Claim?

A malpractice claim is an action against a doctor seeking injuries resulting from negligent treatment or diagnosis. To prove a medical malpractice settlement case it is necessary to prove that the doctor's actions violated the standard of care that is accepted.

Patients must be able to be able to prove that the doctor's negligence caused their injuries. This requires evidence, like medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor is required to perform their duties according to the medical standard of practice. This means that they must treat a patient in the same way that a doctor of their same type and training would under the same or similar circumstances. If a physician fails to meet the standard of care and a person is injured, they could be held accountable for negligence.

The quality of care offered by a doctor can differ from one doctor to the next, based on a myriad of factors. For instance, some doctors have a higher obligation to warn patients of the dangers of certain procedures or treatments than others. The standard of care can also vary depending on the nature and length of the doctor-patient relationship. For instance, a doctor who provides treatment to someone in an emergency situation has a greater duty of care as compared to a physician who sees patients through an established doctor-patient relationship.

Determining the standard of care in a malpractice claim is usually a complex matter that requires the assistance of an experienced attorney. Generally experts are employed to help determine the standard of care that is required in the specific case. This is because a majority of people lack the expertise, knowledge or training to know what the proper standard of care should be determined by medical treatment. Expert witnesses can assist the court in determining if an individual doctor, or another medical professional has fallen below the standards of care.

Breach of duty

Medical professionals and doctors have a responsibility to patients to provide them with reasonable and professional medical care. Healthcare professionals who fail to perform this duty could be liable for malpractice. Most of the time, this means not adhering to the accepted medical standard of care. A broken arm, for example requires x-rays that are done correctly and then properly placed before it can be put into a cast. If a doctor fails to follow this process it could lead to an infection, malpractice lawyer a complete or partial loss of arm use and other complications.

A medical malpractice lawyer can help you determine if a healthcare professional has not met the standard of care relevant to your particular condition. This is known as breach of duty, and is one of the most crucial elements in a malpractice claim. You must prove that the healthcare professional's actions or inactions did not meet the standard of care required for your condition and caused you harm.

This aspect requires proof by a qualified expert witness who can describe how the healthcare professional's actions or inactions violated the standards of treatment for your condition and resulted in injury to you. Your lawyer will review all documentation and medical records including any expert witness testimony or evidence.

Damages

In a malpractice case, damages provide compensation to the victim for the losses he or she has suffered due to the negligence of the medical professional. These damages could be financial (lost wages and future medical costs) or non-economic (pain & suffering). The damages that a person can recover will depend on the laws of the state where the case is filed.

Most doctors in the United States carry malpractice insurance to protect themselves from legal claims arising from malpractice. Some hospitals require them to have the insurance in order to qualify for hospital privileges, or by their employers. Certain medical professionals also have group malpractice attorneys insurance. Even with these protections, many malpractice cases are still referred to the courts.

Medical negligence can cause serious injuries with long-term effects on the patient's lifestyle. This could mean losing earnings due to missing work as well as an increase in medical costs and treatment expenses. Some kinds of medical negligence can even cause permanent disfigurement or even death.

A physician could be held responsible for a malpractice claim if the person who suffered the injury can prove the harm could not occur had the patient been adequately informed about the risks involved with a procedure. This proof standard is called "more likely than not" and is less demanding than the standard in criminal cases which requires a higher amount of evidence.

Statute of limitations

A statute of limitations works like a legal stopwatch which counts down the amount of time you have to bring a lawsuit. This period is based on the laws of your state and can vary widely based on the kind of case and the time it was discovered.

Certain medical injuries are immediately apparent, such as broken legs or a head injury that has been traumatized. Certain injuries may take a few months or years to be apparent. The time limit for lawsuits involving malpractice legal typically begins when the patient discovers or should have been aware of the negligence or inability to act that caused the harm.

This approach is referred to as the discovery rule, and it allows patients who may not have been aware of the medical error to pursue malpractice claims after the standard statute of limitations has passed. Certain states have a strict discovery rule, whereas others have hybrid discovery rules that include a limitation or cap on the time that the patient must be aware of an injury.

If you or a loved one was injured as a result of medical malpractice, contact an attorney right away. Our law firm offers free consultations and does not charge fees unless you succeed in your case. Click on any state on the map below to learn more about a malpractice case or click a link to learn more about current laws.