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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 a medical malpractice attorney case one must demonstrate that the doctor's treatment was not in accordance with the recognized standard of care.

Patients must be able to be able to prove that the doctor's negligence caused their injuries. This requires evidence such as 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 standards of practice. This means that they have to treat patients in the same way as an individual doctor with the same knowledge and experience would under the same circumstances. If a doctor fails the standard of care, and a patient suffers injury the doctor could be held accountable for malpractice.

The standards of care vary between a medical professional and one another, based upon various factors. For example, some doctors have a greater duty to warn patients of the risks associated with certain treatments or procedures than others do. The standard of care for patients may be different based on the nature and length of the doctor-patient relation. For instance, a doctor who is treating a patient in an emergency situation is bound by the responsibility of taking care of them better than a doctor who treats patients through an established doctor-patient relationship.

It can be difficult to determine the standard of care if a malpractice claim has been filed. An experienced attorney can assist. Expert witnesses are often used to provide information on the standard of care in the particular case. This is because a majority of people do not have the expertise, knowledge, or education to determine what the proper standard of care should be dependent on the medical treatment. Expert witnesses can help a judge assess whether a doctor or other medical professional has fallen below the standards of care.

Breach of duty

Doctors and other medical professionals have a responsibility to patients to provide reasonable quality medical care. Healthcare professionals who fail to comply with this obligation could be liable for negligence. Most often, this is due to infractions to the accepted medical standard of care. For example, a broken arm has to be properly taken x-rayed, and then properly placed before it can be placed in a cast to heal. If a doctor malpractice doesn't follow this procedure, he may cause an infection, loss of arm movement as well as other complications.

A medical legal expert can help you determine if a healthcare provider has failed to meet the standards of care that apply to your particular condition. This is referred to as breach of duty, which is an essential element in any malpractice case. You must be able to show that the healthcare professional's actions or inactions fell short of the standard of care for your condition and caused you harm.

This requirement requires proof by a qualified 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 suffer injury. Your lawyer will examine your medical chart and other records including any testimony or evidence obtained from a medical expert witness.

Damages

In a malpractice lawsuit, damages compensate a victim for the expenses he/she has suffered due to the medical provider's negligence. These damages could be financial (lost wages or future medical costs) or non-economic (pain & suffering). The damages that a person might be able to claim will depend on the laws of the state where the case is filed.

Most physicians in the United States carry malpractice insurance to safeguard themselves from malpractice claims. They are required to have it by many hospitals as a condition of hospital privileges, or by their employer. Certain medical professionals have group malpractice insurance. Despite these protections, many malpractice cases continue to be handled by the court system.

Medical negligence can lead to serious injuries that can have long-term consequences for the patient's quality of life. This can include loss of income due to missed work, and increased medical costs and treatment costs. Some types of medical negligence could cause permanent disfigurement or even death.

A physician could be held responsible for a malpractice law firms claim if the victim can prove that the accident would not be averted had the patient was properly informed about the risks involved with a procedure. This proof standard is known as "more likely than not" and is less stringent than the standard used in criminal cases that requires a greater standard of evidence.

Statute of limitations

A statute of limitations acts like a legal timer that counts down the length of time it takes to start a lawsuit. The time limit is determined by the laws of your state and can vary significantly based on the type of case as well as the date at which it was discovered.

Certain medical injuries are apparent immediately, like an injured leg or traumatic brain injury. Other injuries may take a long time to show up. The statute of limitations for lawsuits involving malpractice typically starts when the victim discovers or should have discovered the negligent act or failure to cause harm.

This is called the discovery rule. It allows patients who may not have realized that a medical error occurred to file a claim for malpractice following the expiration of the statute of limitations. Some states adhere to a strict discovery rule, while other states have hybrid rules for discovery which have a limit 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, you should contact a lawyer immediately. Our law firm offers free consultations and does not charge a fee unless you are successful in your case. Hover over any state in the map below to learn more about a malpractice claim, or click a link to learn more about current laws.