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What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional for injury caused by a negligent diagnosis or treatment. To prove medical malpractice, you must show that your doctor deviated from the accepted standards of care.

Patients must be able to prove that the doctor's negligence caused their injury. This will require evidence such as medical bills and pay stubs as well as expert testimony.

Duty of care

A doctor is required to act according to the medical standard of practice. This means they must treat patients in the same way as doctors with the same type of experience and training would in the same circumstances. If a doctor fails meet the standard of care and a patient is injured, then they may be liable for malpractice.

The standard of care for patients varies between one medical professional and another, based on different factors. For instance, some doctors have a greater duty to inform patients of dangers of certain treatments or procedures than others do. The standard of care may also vary based on nature of the relationship between doctor and patient. For instance, a physician who treats someone in a crisis situation has an obligation to care for them more than a doctor who visits patients through a 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. Generally experts are employed to help determine the standard of care that is required in the specific case. This is due to the fact that most people lack the necessary knowledge, skills or education to decide the standards of care that should be in light of medical treatment. Expert witnesses can assist a court in determining whether a doctor, or other medical professional has not met the standards of care.

Breach of duty

Healthcare professionals and doctors have a duty to patients to provide them with reasonable and competent medical care. If a healthcare professional fails to live up to this obligation, they could have committed malpractice. Most of the time, this means not adhering to the accepted medical standard of care. For example, a broken arm must be properly taken x-rayed, and then properly placed before it can be placed in a cast to heal. If a doctor does not follow this procedure, he or she could cause an infection, loss of arm movement, and other complications.

A medical attorney can assist you to determine if a healthcare professional has not met the standards of care applicable to your particular condition. This is called breach of duty, and is one of the most important aspects of a malpractice claim. You must demonstrate that the healthcare provider's actions or inactions were not within the standard of care that is required for your condition, and resulted in harm to you.

This requirement 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 directly resulted in injury to you. Your lawyer will review all documentation and medical records, including any expert witness testimony or evidence.

Damages

In a malpractice case, damages compensate the victim for any losses he/she suffered due to the medical professional's negligence. These damages can be economic (lost wages or future medical expenses) or non-economic (pain and suffering). The damages that a person might be able to claim 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 protect themselves against malpractice claims. They are required to do this by a number of hospitals as a condition of hospital privileges or by their employers. Some medical professionals also have group malpractice insurance coverage. However, despite these safeguards, the majority of malpractice cases will have to be argued before the courts.

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

A physician can be liable for a malpractice claim if the person who suffered the injury can prove the injury could not be averted had the patient been adequately informed of the risks associated with an procedure. This proof standard is called "more likely than not" and is less invasive than the standard in criminal cases that requires a greater level of evidence.

Statute of limitations

A statute of limitations works like a legal stopwatch which counts down the amount of time it takes to bring a lawsuit. The time limit is determined by the laws of each state and can differ greatly depending on the type of case as well as the date at which it was discovered.

Certain medical injuries are apparent immediately, such as an injured leg or brain injury that's traumatizing. Other injuries may take months or even years to manifest. The statute of limitations in malpractice claims often begins when the patient is aware or should have discovered the negligent act or failure to perform the act that caused the injury.

This approach is referred to as the discovery rule and it permits patients who may not have been aware of the medical error to pursue malpractice claims after the standard time limit has expired. Certain states have a strict discovery rule, whereas others have hybrid rules for discovery that have some sort of cap or limit on the amount of time a patient has to be aware of an injury.

Get a lawyer on the case immediately if you or someone you are caring for has been injured as a result of medical malpractice. Our law firm offers no-cost consultations, and we do not charge fees unless you win your case. To find out more about a potential malpractice law firms claim, hover over a state on the map below or click a link to learn about the current laws.