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What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional for harm caused by a negligent diagnosis or treatment. To prove medical malpractice, you must demonstrate that your doctor's actions were different from the standard of care that is accepted.

Patients must also show that the negligence of a doctor directly caused their injury. This requires evidence, such as medical bills as well as pay stubs and expert testimony.

Duty of care

A doctor must perform their duties according to the medical standard of practice. This means that they have to treat a patient in the way that a doctor of their same type and training would under similar circumstances. If a physician fails to meet the standard of treatment and a patient is injured, then they may be liable for negligence.

The standard of care can vary from one medical professional to another, based on a myriad of factors. For example, some doctors have a greater duty to inform patients about the risks associated with certain procedures or treatments than others. The standard of care can also vary based on nature of the relationship between doctor and patient. A doctor who sees a patient in an emergency is more accountable for care than a doctor who has an established doctor-patient relation.

It can be difficult to determine the level of care if a malpractice claim has been filed. An experienced attorney can help. Expert witnesses are often utilized to help determine the standard care in an individual case. This is because the majority of people do not have the necessary knowledge, skills or training to know the standards of care that should be determined by medical treatment. Expert witnesses can help a judge determine if a physician or any other medical professional has fallen below the standard of care.

Breach of duty

Medical professionals and doctors have a responsibility to patients to provide them with reasonable and professional medical care. Any healthcare professional who fails to comply with this obligation could be found guilty of negligence. This is often a result of not adhering to the accepted medical standard of care. A broken arm, for example is required to be x-rayed properly and then properly set before it is placed into a cast. If a doctor does not follow this process and the result could be an infection, either complete or partial loss of use of the arm and other complications.

A medical attorney can assist you to determine if the healthcare provider has not met the standards of care that apply to your particular condition. This is referred to as breach of duty and is an essential aspect of a malpractice lawsuit case. You must establish that the healthcare professional's inactions or actions fell below the standard of care required for your condition and resulted in harm to you.

This requirement requires proof by an expert witness, who will clarify how the healthcare professional's actions or inactions violated the standards of treatment for your condition and directly caused you to be injured. Your lawyer will go over your medical chart and other documentation including any testimony or evidence provided by medical experts.

Damages

In a case of malpractice, damages are awarded to the victim to compensate for any losses he/she suffers because of the medical professional's negligence. These damages can be categorized as economic (lost income, current and future medical expenses) and non-economic (pain and suffering). The amount of damages a person may be able to recover will depend on the laws of the state in which the case is filed.

The majority of physicians in the United States have malpractice insurance to protect themselves from malpractice claims. A majority of hospitals require doctors to carry malpractice insurance as a condition to be granted hospital privileges or by their employers. Some medical professionals also have group insurance. Despite these protections, many malpractice cases still go through the courts.

Medical negligence can result in severe injuries that can have long-term impacts on the patient's lifestyle. This can include loss of income due to absence from work, as well as increased medical expenses and treatment costs. Some types of medical negligence may cause permanent disfigurement or death.

A doctor could be held accountable for negligence if the victim establishes that the harm wouldn't occur if the patient had been informed of the risks associated with the procedure. This proof standard is called "more likely than not" and is less demanding than the standard used in criminal cases that requires a greater standard of evidence.

Statute of limitations

A statute of limitations is like a legal timer that counts down the length of time it takes to bring a lawsuit. The time frame is determined by state laws and can be very different depending on the type and date of the case.

Certain medical injuries are apparent immediately, like an injured leg or brain injury that has been traumatized. Certain injuries may take a few months or years to become apparent. Therefore, the time-limit for a malpractice claim often is when a patient realizes or should have discovered the negligence or omission that caused the harm.

This is called the discovery rule. It allows patients who might not have realized that a medical error has occurred to file a claim for malpractice within the timeframe of the statute of limitations. Some states follow a pure discovery rule, while other states have hybrid rules for discovery which have a limitation or malpractice cap on the time the patient must wait to find out about an injury.

If you or someone you love was injured due to medical malpractice, contact a lawyer right away. Our law firm provides free consultations and no cost unless we win your case. To find out more about a possible malpractice claim, Malpractice hover over any state on the map below or click a link to read about the current laws.