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What is a Malpractice Claim?

A malpractice claim is a lawsuit against a doctor to recover damages resulting from a negligent treatment or diagnosis. To prove medical malpractice, you must demonstrate that the doctor's treatment was deviant from the standard of care that is accepted.

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

Duty of care

A doctor is obliged to perform their duties in accordance with the medical standard of care. This means that they have to treat patients the same way as a doctor with the same knowledge and experience would in the same situation. If a doctor fails uphold the standard of care and a patient gets injured, then they may be held accountable for malpractice.

The standard of care may vary from one medical professional to the next, based on a myriad of factors. For example, some doctors have a higher obligation to inform patients of risks of certain treatments or procedures than others. The standard of care can also change depending on the nature of the doctor-patient relationship. For instance, a doctor who is treating a patient in a crisis situation has more responsibility than a doctor who visits patients through an established doctor-patient relationship.

Determining the level of care in a malpractice claim is usually a complex matter that requires the assistance of an experienced attorney. Generally experts are utilized to provide insight into the standard of care in a particular case. Most people lack the knowledge, skills or education necessary to judge the standard of care in a medical treatment. Expert witnesses can assist a court determine if a physician or any other medical professional has fallen below the standard of care.

Breach of duty

Doctors and other healthcare professionals are required by patients to provide reasonable and competent medical care. If medical professionals fail to live up to this obligation, they may be guilty of malpractice. This can be due to failing to follow accepted medical standards of care. For instance, a broken arm has to be properly examined by x-rays and then properly set before it can be placed in the form of a cast to heal. If a physician fails to adhere to this procedure and the result could be an infection, partial or full loss of arm use and other complications.

A medical malpractice lawyer can help you determine whether or not a healthcare professional didn't meet the standard of care for your specific health condition. This is called breach of duty and is one of the most crucial elements of a malpractice lawsuit. You must establish that the healthcare professional's actions or inactions were not within the standard of care that is required for your condition and caused harm to you.

This requires a qualified expert who can provide an explanation of the actions or mistakes of the healthcare provider directly causing your injury. Your lawyer will go over your medical record and other documents, including any testimony or evidence from medical experts.

Damages

In a malpractice lawsuit, damages pay a victim compensation for the losses he or she has suffered as a result of the negligence of the medical professional. These damages can be economic (lost wages as well as future and current medical costs) or non-economic (pain and malpractice lawsuit suffering). The damages that a person might be able to claim will depend on the laws of the state in which the case is filed.

Most doctors in the United States have malpractice insurance to shield them from malpractice lawsuits. They are required to carry this insurance by a number of hospitals as a condition for hospital privileges or by their employers. Some medical professionals have group malpractice coverage. However, despite these protections, many malpractice law firms cases need to go through the courts.

Medical negligence can result in serious injuries that could have long-term consequences for the patient's health. This could include loss of income as a result of a lack of employment and increased medical costs and treatment expenses. Some medical negligence can cause permanent disfigurement or even die.

A physician can be liable for an action for malpractice if the plaintiff can demonstrate that the injury could not have occurred had the patient been adequately informed about the risks associated with a procedure. This is known as "more likely than not" and is less rigorous than criminal cases that require a higher level of evidence.

Statute of limitations

A statute of limitations is a legal stopwatch that will count down the time to file a suit. This period is determined by the laws of each state and may be different depending on the type and date of the case.

Some medical injuries are immediately obvious, such as broken legs or a head injury that is traumatizing. Certain injuries may take a few months or years to manifest. This means that the statute of limitations for a malpractice lawsuit typically begins when patients discover or should have discovered the negligent act or omission that caused the injury.

This is known as the discovery rule. It permits patients who may not have realized that a medical error has occurred to file a malpractice lawsuit after the statute of limitations. Certain states have a strict discovery rule, while other states have hybrid discovery rules that have some sort of cap or limit on the time the patient must be aware of an injury.

Contact a lawyer right away if you or someone you have loved has been injured due to medical negligence. Our law firm offers no-cost consultations, and we do not charge fees unless you are successful in your case. To find out more about a possible malpractice claim, hover over any state on the map below or click a link to read about the laws currently in force.