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What is a Malpractice Claim?

A malpractice claim is a lawsuit against a medical professional to recover injury caused by a negligent diagnosis or treatment. To prove medical malpractice, you must prove that your doctor strayed from the accepted standards of care.

Patients must also prove that negligence by the doctor directly triggered their injuries. This requires evidence such as medical bills and pay stubs as well as expert testimony.

Duty of care

A doctor must follow the medical standards of practice. This means that they have to treat patients in the same manner as doctors with the same type of knowledge and experience would under similar circumstances. If a doctor fails the standard of care, and a patient suffers injury and suffers injury, they could be held accountable for malpractice.

The standard of care can differ from one medical professional to the next, based on a variety of variables. For instance, some doctors have a greater responsibility to warn patients of the risks associated with certain procedures or treatments than others do. The standard of care can also vary depending on the nature and length of the doctor-patient relation. A doctor who sees patients in an emergency has a higher standard of care than a doctor with an established doctor-patient relation.

It is difficult to determine what is the standard of care when a malpractice claim has been filed. An experienced attorney can assist. Expert witnesses are frequently used to help determine the standard of care in a particular situation. Many people lack the understanding and skills or the education needed to judge the standard of care in a medical treatment. Expert witnesses can assist the court in determining if an individual doctor, or another medical professional, has violated the standards of care.

Breach of duty

Medical professionals and doctors have a responsibility to patients to provide them with fair quality medical care. A healthcare professional who fails to comply with this obligation could be guilty of malpractice. This usually means that they fail to follow accepted medical standards of care. A broken arm, for example is required to be x-rayed properly and then set correctly before it is placed in a cast. If a physician fails to adhere to this procedure, it could lead to an infection, partial or full loss of arm use and other complications.

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

This element requires proof by a qualified expert witness, who can clarify how the healthcare professional's actions or inactions violated the standard of care for your condition and caused you to be injured. Your lawyer will review your medical record and other documents, including any testimony or evidence provided by an expert medical witness.

Damages

In a malpractice case, damages pay a victim compensation for the damages he or she suffered due to the negligence of the medical professional. These damages can be categorized as economic (lost income, current and future medical expenses) and non-economic (pain and suffering). The damages that a person may 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 claims for malpractice. They are required to have it by a number of hospitals as a condition for hospital privileges or by their employer. Certain medical professionals also have group insurance. However, despite these safeguards, many malpractice cases still have to go through the courts.

Medical negligence could result in serious injuries with long-term repercussions for the patient's health. This can include loss of income due to working absences, and higher medical expenses and treatment costs. A medical error could cause permanent disfigurement, or even death.

A doctor may be held liable for malpractice if the injured party establishes that the harm wouldn't be happening in the event that the patient was informed of the risks associated with the procedure. This is referred to as "more probable than not" and it is less rigorous than criminal cases which require a higher standard of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch that will count down the time to file a lawsuit. This period is determined by state laws and can be very different depending on the type and date of the case.

Some medical conditions are obvious immediately, like a broken leg or a brain injury that's traumatizing. Other injuries may take months or even years to show up. This means that the time-limit for a claim based on a medical malpractice usually begins when patients realize or should have discovered the negligence or omission that led to their harm.

This is known as the discovery rule. It permits patients who might not have known that a medical error has occurred to file a malpractice lawsuit within the timeframe of the statute of limitations. Some states adhere to a strict discovery rule, while others have hybrid rules for discovery with a limitation or cap on the amount of time a patient must wait to find out about an injury.

Contact a lawyer immediately if you or someone you have loved has been injured due to medical malpractice. Our law firm is available for free consultations and no cost unless we succeed in your case. To find out more about a potential malpractice claim, hover over any state on the map below or click a link to learn about the laws currently in force.