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What is a Malpractice Claim?

A malpractice claim is a lawsuit against a medical professional to recover the harm caused by negligent diagnosis or treatment. To prove a medical malpractice claim, one must show that the doctor's treatment was not in accordance with the recognized standard of care.

Patients must also show that negligence by the doctor directly caused their injury. This requires evidence, like medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor has a responsibility to behave in accordance with the medical standard of care. This means that they have to treat a patient in the manner that a physician similar to them and with the same training would under similar circumstances. If a doctor does not meet the standard of care and a patient is injured the doctor could be held liable for malpractice.

The standard of care for patients varies from one doctor to one another, based upon various factors. For instance, some physicians have a greater responsibility to inform patients of the dangers of certain treatments or procedures than others. The standard of care for patients can also change depending on the nature of the relationship between doctor and patient. A doctor who is treating an emergency patient is more accountable for care than a doctor who has an established relationship with a doctor.

Determining the appropriate standard of care in a claim for malpractice is often a difficult task and requires the assistance of an experienced attorney. Expert witnesses are often utilized to provide insight into the standard care in an individual case. Many people lack the understanding of skills or education needed to judge the standard of care based on a medical treatment. Expert witnesses can help a court determine whether a doctor or medical professional has not met the standards of care.

Breach of duty

Healthcare professionals and doctors have a responsibility to patients to provide an appropriate and competent medical service. If a healthcare professional fails to perform their obligation, they could be guilty of malpractice. This is often due to their failure to adhere to accepted medical standards of care. A broken arm, for example requires x-rays that are done correctly and then set properly before it can be placed in a cast. If a physician fails to follow this procedure, he could result in an infection, loss of arm use as well as other complications.

A medical malpractice lawyer can help you determine if a healthcare professional has failed to meet the standard of care applicable to your particular condition. This is known as breach of duty, which is an important element in the case of a malpractice. You must establish that the healthcare professional's inactions or actions fell below the standard of care that is required for your condition, and caused you harm.

This requires evidence by an expert witness, who can provide evidence of how the healthcare provider's actions or inactions violated the standards of care for your condition and caused you to suffer injury. Your lawyer will review all medical records and documentation including any expert witness testimony or evidence.

Damages

Damages in a case of malpractice compensate a victim for the losses he or she has suffered as a result of the medical provider's negligence. These damages may be economic (lost wages as well as future and current medical costs) or non-economic (pain & suffering). The damages that a person could be able to recover will depend on the laws of the state where the case is filed.

The majority of physicians in the United States carry malpractice insurance to safeguard themselves from malpractice claims. They are required to do so by many hospitals as a condition for malpractice hospital privileges or by their employer. Certain medical professionals also have group insurance. Despite these protections many malpractice cases need to be argued before the courts.

Medical negligence can cause serious injuries that can have long-term effects on the patient's health. This could mean loss of income due to missed work, and increased medical costs and treatment costs. A medical error could cause permanent disfigurement or even death.

A doctor could be held accountable for malpractice lawsuits if the party who was injured is able to prove that the incident wouldn't be happening if the patient had been aware of the risks associated with the procedure. This standard of proof is known as "more likely than not" and is less invasive than the standard in criminal cases, which requires a higher amount of evidence.

Statute of limitations

A statute of limitations acts similar to a legal stopwatch that counts down the amount of time it takes to bring a lawsuit. This time frame is based on the laws of your state and can vary greatly depending on the type of case as well as the date at which it was discovered.

Certain medical injuries are apparent immediately, such as the broken leg or brain injury that is traumatic. Other injuries may take a long time to show up. The statute of limitation in malpractice claims often starts when the patient learns or should have been aware of the negligence or inability to perform the act that caused the injury.

This method is referred to as the discovery rule, and it allows patients who may not have known of an error in their medical care to pursue malpractice claims after the standard statute of limitations has expired. Some states have a pure discovery law, while some have hybrid rules that include an upper limit or time frame for the patient to discover the injury.

Get in touch with a lawyer as soon as you or someone you love has been injured by medical negligence. Our law firm provides free consultations and no cost unless we win your case. Select a state on the map below to learn more about a malpractice case or click a link to view current laws.