Five Malpractice Lawsuit Lessons Learned From Professionals

What is a Malpractice Claim?

A malpractice claim is a lawsuit against a medical professional to recover injuries caused by negligence in diagnosis or treatment. To prove medical malpractice, you need to demonstrate that the doctor's treatment was deviant from the accepted standards of care.

Patients must also prove that negligence by the doctor directly contributed to their injuries. This requires evidence such as medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor has a duty to act in accordance with the medical standard of care. This means they must treat a patient in the way that a doctor with the same kind and training would under the same or similar circumstances. If a doctor fails meet the standards of care and a person is injured, they could be held accountable for malpractice law firms.

The standard of care may vary from one medical professional to the next, based on a variety of variables. Certain doctors, for instance are required to inform their patients about the risks of certain treatments or procedures. The standards of care could also differ based on the nature of the doctor-patient relationship. Doctors who treat an emergency patient has a higher standard of care than one who has an established doctor-patient relation.

It is difficult to determine what is the standard of care if a malpractice claim has been filed. An experienced attorney can assist. Expert witnesses are often employed to provide information on the standard care in a particular situation. The majority of people lack the knowledge, skills or education necessary to judge the standard of care based upon a medical treatment. Expert witnesses can help a court determine if a doctor or another medical professional has violated the standard of care.

Breach of duty

Medical professionals and other healthcare professionals have a duty to patients to provide them with an appropriate and competent medical service. A healthcare professional who fails to comply with this obligation could be found guilty of malpractice. This often involves failing to follow accepted medical standards of care. For instance, a fractured arm should be properly diagnosed with x-rays and set correctly before it can be placed in an arm cast to heal. If a physician fails to adhere to this procedure it could result in an infection, either complete or partial loss of arm use and other complications.

A medical malpractice attorney will help you determine whether or not a medical professional did not meet the standards of care for your specific health condition. This is referred to as breach of duty, which is an important element in an malpractice case. You must be able to prove that the healthcare provider's actions or inactions did not meet the standard of care required for your condition and caused harm.

This element requires proof from an expert witness who can explain how the healthcare provider's actions or inactions violated the standard of treatment for your condition and caused you to be injured. Your lawyer will examine your medical chart and other documentation including any testimony or evidence from an expert medical witness.

Damages

Damages in a malpractice case compensate a victim for the losses he or she has suffered due to the negligence of the medical professional. The damages can be either economic (lost wages as well as future and current medical costs) or non-economic (pain & suffering). The amount of damages that a person could be able to recover will depend on the laws of the state where his or her case is filed.

Most doctors in the United States carry malpractice insurance to shield themselves from claims for malpractice. They are required to do this by many hospitals as a condition of hospital privileges, or by their employer. Certain medical professionals also have group insurance. However, despite these safeguards, the majority of malpractice cases will have to be argued before the courts.

Medical negligence can result in serious injuries with long-term consequences for the patient's health. This could include the loss of income as a result of absence from work, as well as increased medical expenses and treatment costs. A medical error can lead to permanent disfigurement or even die.

A doctor can be held accountable for a malpractice claim if the person who suffered the injury can prove the harm would not have occurred if the patient had been properly informed of the risks involved with a procedure. This is referred to as "more probable than not" and is less demanding than in criminal cases which require a higher level of evidence.

Statute of limitations

A statute of limitations is a legal stopwatch that is a timer that counts down the amount of time left to file a suit. The duration of the statute of limitations is determined by the laws of your state and can vary in a wide range based on the nature of case and the time it was discovered.

Some medical injuries are immediately obvious, such as fractured legs or a head injury that has been traumatized. Other injuries can take months or even years to manifest. Therefore, the time-limit for a malpractice claim often is when a patient realizes or should have discovered the negligence or omission that led to their injury.

This is known as the discovery rule. It permits patients who might not have known that a medical error has occurred to file a malpractice claim after the statute of limitations. Some states follow a pure discovery rule, while other states have hybrid rules for discovery that have some sort of limitation or cap on the amount of time a patient has to be aware of an injury.

If you or someone you love suffered a traumatic injury as a result of medical malpractice, contact a lawyer immediately. Our law firm is available for free consultations and no cost unless we win your case. To learn more about a potential malpractice claim, hover over any state on the map below or click a link to read about the current laws.