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What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional to recover harm caused by a negligent diagnosis or treatment. To prove a medical malpractice case one must prove that the doctor departed from the standard of care that is accepted.

Patients must also show that the negligence of the doctor directly contributed to their injuries. This requires evidence such as medical bills as well as 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 patients the same way as an individual doctor with the same type of training and experience would do under the same circumstances. If a doctor does not meet the standard of care, and a patient is hurt the doctor could be held accountable for malpractice.

The standards of care vary from one doctor to another, based on different factors. For instance, some physicians have a higher obligation to inform patients about the dangers associated with certain procedures or treatments than others. The standard of care may also change depending on the nature of the doctor-patient relationship. For instance, a doctor who sees a patient in an emergency situation is bound by a greater duty of care than a doctor who visits patients through a doctor-patient relationship.

Determining the standard of care in a malpractice claim is often complicated and requires the help of an experienced attorney. Expert witnesses are frequently used to provide information on the standard care in an individual case. Most people lack the knowledge of skills or education needed to establish the level of care based upon a medical treatment. Expert witnesses can assist in determining if the doctor, or any other medical professional has violated the standards of care.

Breach of duty

Medical professionals and doctors are obliged to their patients to provide them with fair and professional medical care. A healthcare professional who fails to meet this obligation may be liable for malpractice. Often, this involves not adhering to the accepted medical standard of care. For instance, a fractured arm needs to be correctly taken x-rayed, and then properly placed before it is placed in a cast to heal. If a doctor does not adhere to this procedure 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 determine if the healthcare provider has failed to meet the standard of care applicable to your condition. This is known as breach of duty and is an important aspect in any malpractice case. You must be able to show that the healthcare professional's actions or inactions were not up to the standard of care required for your condition and caused harm.

This element requires a qualified expert who can explain the actions or inactions of the healthcare provider that directly caused your injury. Your lawyer will scrutinize all medical records and documentation including any expert witness testimony or evidence.

Damages

In a malpractice lawsuit, damages are awarded to a victim for loss he or she suffered as a result of the negligence of the medical professional. These damages can be categorized as economic (lost income and future medical expenses) and non-economic (pain and suffering). The damages an individual can receive depend on the state laws that govern his or her case.

The majority of physicians in the United States have malpractice insurance to protect them from malpractice claims. A majority of hospitals require doctors to carry malpractice insurance as a condition for hospital privileges or by their employers. Certain medical professionals have group malpractice insurance. Despite these protections the majority of malpractice lawsuits cases will have to be argued before the courts.

Medical negligence can result in serious injuries that have long-term consequences on the patient's life. This could mean losing income as a result of a lack of employment and increased medical costs and malpractice treatment expenses. Certain types of medical negligence could cause permanent damage or even death.

A physician can be liable for an action for malpractice if the victim can prove that the incident would not have occurred if the patient had been adequately informed about the risks involved with a procedure. This type of proof is known as "more likely than not" and is less stringent than the standard in criminal cases that requires a greater level of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch which counts down the time left to file a lawsuit. This time frame is based on the laws of each state and can differ widely based on the kind of case and when it was discovered.

Some medical conditions are immediately visible, such as the fractured leg or head injury that is traumatic. Other injuries can take a long time to show up. The statute of limitations for negligence claims usually begins when the patient is aware or should have been aware of the negligent act or failure to act that caused the harm.

This approach is known as the discovery rule. it allows patients who might not have realized of the medical error to pursue malpractice claims after the standard statute of limitations has passed. Certain states have a strict discovery rule, whereas other states have hybrid discovery rules which have a cap or limit on the time that the patient must wait to find out about an injury.

Get in touch with a lawyer as soon as you or someone you are caring for has been injured as a result of medical malpractice attorneys. Our law firm is available for free consultations and does not charge a fee unless you succeed in your case. To learn more about a possible malpractice claim, hover over a state on the map below or click a link below to learn about the laws currently in force.