What is a Malpractice Claim?
A malpractice claim is a lawsuit against a medical professional for injuries caused by negligence in diagnosis or treatment. To prove a medical malpractice case it is necessary to prove that the doctor’s treatment was not in accordance with the recognized standard of care.
Patients must also show that the negligence of the doctor directly led to their injury. This requires evidence such as medical bills, pay stubs, and expert testimony.
Duty of care
A doctor has a responsibility to follow the medical standard of care. This means that they have to treat a patient the way that a doctor with the same kind and training would under the same or similar circumstances. If a physician fails to adhere to the standards of care and a patient is injured, they could be held accountable for malpractice.
The standard of care may differ from one medical professional to the next, depending on a myriad of factors. Some doctors, for example, have a greater obligation to inform their patients of the dangers of certain treatments or procedures. The standard of care for patients can also vary based on nature of the relationship between doctor and patient. For instance, a physician who is treating a patient in a crisis situation has a greater duty of care as compared to a physician who sees patients in a regular doctor-patient relationship.
Determining the level of care in a malpractice lawsuits case is often complicated and requires the assistance of an experienced attorney. Expert witnesses are frequently used to provide information on the standard of care in a particular case. This is because the majority of people lack the skills, knowledge or the education required to determine the standards of care that should be based on medical treatment. Expert witnesses can help a court determine if a physician or another medical professional has slipped below the standards of care.
Breach of duty
Doctors and other medical professionals have a duty to patients to provide them with fair, competent medical care. If a healthcare professional fails to live up to this obligation, they may have committed malpractice. Most of the time, this means not adhering to the accepted medical standard of care. A broken arm, for instance, must be x-rayed correctly and then properly set before it can be put in a cast. If a doctor fails to follow this process, it could lead to an infection, a complete or partial loss of use of the arm and other complications.
A medical malpractice lawyer can help you determine if a medical professional has failed to meet the standard of care applicable to your particular condition. This is referred to as breach of duty, and is one of the most important elements in a malpractice claim. You must demonstrate that the healthcare provider’s actions or inactions were not within the standard of care for your condition and caused you harm.
This requires a qualified expert who can discuss the actions or inactions of the healthcare provider directly causing your injury. Your lawyer will review your medical chart and other documents, including any testimony or evidence from an expert witness in the field of medicine.
Damages
Damages in a malpractice case provide compensation to the victim for the expenses he/she has suffered due to the medical provider’s negligence. These damages could include economic (lost income, current and future medical expenses) and non-economic (pain and suffering). The amount of damages that a person could be able to recover will depend on the laws of the state where the case is filed.
Most physicians in the United States have malpractice insurance to shield them from malpractice claims. Many hospitals require them have the insurance in order to qualify to be granted hospital privileges or by their employers. Some medical professionals have group malpractice insurance. Even with these insurances, many malpractice cases need to go through the courts.
Medical negligence can lead to serious injuries, which can have long-term effects on the life of the patient. This can result in loss of income as a result of the absence of work, as well as an increase in medical costs and treatment costs. Certain types of medical negligence may cause permanent damage or even death.
A doctor may be held liable for negligence if the person who suffered is able to prove that the incident wouldn’t have happened in the event that the patient was informed of the risks associated with the procedure. This standard is called “more likely than not” and it is less stringent than criminal cases which require a higher level of evidence.
Statute of limitations
A statute of limitation is a legal stopwatch that is a timer that counts down the amount of time left to file a lawsuit. This period is determined by state laws and may be different according to the type and date of the case.
Some medical injuries are immediately visible, such as fractured legs or a traumatic head injury. Other injuries may take months or even years to manifest. The statute of limitations for negligence claims usually starts when the patient learns or should have been aware of the negligent act or failure to perform the act that caused the injury.
This is known as the discovery rule. It permits patients who may not have been aware of a medical error that has occurred to file a malpractice lawsuit following the expiration of the statute of limitations. Some states have a pure discovery law, while others have hybrid rules that contain a cap or time limit for the patient to find out about the injury.
If you or someone you love suffered an injury due to medical malpractice, call a lawyer right away. Our law firm provides free consultations and no fee unless we win your case. Select a state on the map below for more about a malpractice attorney claim, or click a link to learn more about current laws.
