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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 a medical malpractice case it is necessary to prove that the doctor's actions were not in line with the accepted standard of care.

Patients must be able to demonstrate that the negligence of the doctor caused their injury. This requires evidence, including 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 patients the same way as an individual doctor with the same training and experience would do in the same situation. If a physician fails to meet the standard of care and a patient is hurt and suffers injury, they could be held liable for negligence.

The standard of care can differ from one doctor to the next, depending on a myriad of factors. For instance, some doctors have a higher obligation to warn patients of the dangers 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 relation. For instance, a physician who is treating a patient in an emergency situation has more responsibility as compared to a physician who sees patients through an established doctor-patient relationship.

It is difficult to determine the standard of care if a malpractice claim has been filed. An experienced attorney can assist. Generally expert witnesses are employed to help determine the standard of care that is required in a particular case. This is due to the fact that most people lack the knowledge, skills or training to know what the standard of care should be in light of medical treatment. Expert witnesses can help a court determine if a physician or medical professional has fallen below the standard of care.

Breach of duty

Doctors and other medical professionals are obliged to their patients to provide them with a reasonable and competent medical treatment. Healthcare professionals who fail to meet this obligation may be guilty of malpractice. Often, this involves infractions to the accepted medical standard of care. For instance, a fractured arm must be properly x-rayed and then set properly before it is placed in a cast to heal. If a doctor doesn't follow this procedure, he or she may cause an infection, loss of arm function and other complications.

A medical malpractice attorney can help you determine whether or not a healthcare provider has not met the standards of care required for your particular medical condition. This is known as breach of duty and it's an important aspect in the case of a malpractice. You must establish that the healthcare professional's actions or inactions were not within the standard care for your condition, and caused 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 care for your condition and directly resulted in your suffering injury. Your lawyer will go over your medical record and other documents including any testimony or evidence provided by a medical expert witness.

Damages

In a malpractice case, damages compensate a victim for the expenses he/she has suffered due to the negligence of the medical professional. These damages may be economic (lost wages, current and future medical expenses) or non-economic (pain and suffering). The damages that a person could be able to recover will depend on the laws of the state in which the case is filed.

Most doctors in the United States carry malpractice insurance to shield themselves from claims for malpractice. Some hospitals require them to carry the insurance in order to qualify for hospital privileges, or by their employers. Certain medical professionals also have group malpractice insurance. However, despite these protections, a lot of malpractice cases still go through the courts.

Medical negligence can lead to serious injuries that could have long-term consequences for the patient's quality of life. This could result in lost earnings due to missing work and increased medical costs and treatment expenses. Medical negligence can lead to permanent disfigurement, or even death.

A doctor can be held accountable for negligence if the person who suffered is able to prove that the incident wouldn't be happening in the event that the patient was aware of the risks that come with the procedure. This proof standard is called "more likely than not" and is less rigorous than the standard in criminal cases which requires a higher degree of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch which counts down the time left to file a suit. This period is determined by the laws of each state and can be very different according to the type and date of the case.

Certain medical injuries are apparent immediately, such as an injured leg or traumatic brain injury. Some injuries can take months or even years to be apparent. In this way, the time limit for a malpractice lawsuit typically is when a patient realizes or should have realized the negligence or omission that caused their injury.

This is called the discovery rule. It permits patients who might not have realized that a medical error has occurred to file a malpractice lawsuit within the timeframe of the statute of limitations. Some states use a pure discovery rule, while others have hybrid rules for discovery with a limitation or cap on the amount of time a patient has to be aware of an injury.

If you or someone you love was injured due to medical malpractice, call an attorney immediately. Our law firm offers no-cost consultations, and we do not charge a fee unless you succeed in your case. To learn more about a potential malpractice claim, hover over a state on the map below or click a link for more information about the laws currently in force.