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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 claim one must prove that the doctor's actions violated the recognized standard of care.

Patients must be able to show that the negligence of the doctor caused their injury. This requires evidence such as medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor is required to adhere to the medical standard of practice. This means they must treat patients in the same manner as an individual doctor with the same training and experience would in the same situation. If a physician fails to meet the standards of care and a person is injured, they could be held accountable for malpractice.

The standard of care can differ from one doctor to the next, depending on a myriad of factors. Certain doctors, for instance, have a greater obligation to warn their patients about the risks of certain treatments or procedures. The standards of care could also change depending on the nature of the relationship between doctor and patient. A doctor who is treating patients in emergency has a higher duty of care than one who has an established relationship with a doctor.

It is difficult to determine the level of care if a malpractice claim has been filed. An experienced attorney can help. Generally expert witnesses are employed to give insight into the standard of care that is required in a particular instance. Most people lack the knowledge and skills or the education needed to judge the standard of care based on medical treatment. Expert witnesses can aid the court in determining if a doctor, or other medical professional, is not up to the standard of care.

Breach of duty

Healthcare professionals and doctors are accountable to their patients to provide appropriate and competent medical care. A healthcare professional who fails to perform this duty could be guilty of negligence. This often involves failing to follow accepted medical standards of care. For instance, a broken arm should be properly x-rayed and then set properly before it can be placed in an arm cast to heal. If a doctor does not adhere to this procedure it could lead to an infection, complete or partial loss of arm use and other complications.

A medical malpractice attorney can help you determine whether or not a healthcare professional has not met the standards of care for your specific health condition. This is referred to as breach of duty, and is one of the most important elements of a malpractice lawsuit. You must establish that the healthcare professional's actions or inactions fell short of the standard of care for your condition, and resulted in harm to you.

This aspect requires a certified expert who can discuss the actions or mistakes of the healthcare provider directly causing your injury. Your lawyer will review all medical records and documentation including any expert witness testimony or evidence.

Damages

In a malpractice lawsuit, damages are awarded to a victim for damages he or she suffered due to the medical provider's negligence. These damages can be categorized as economic (lost income and future medical expenses) and non-economic (pain and suffering). The damages that a person could be able to recover will depend on the laws of the state in which the case is filed.

Most physicians in the United States have malpractice insurance to protect them from malpractice claims. They are required to do this by a number of hospitals as a condition for hospital privileges or by their employer. Certain medical professionals also have group malpractice lawsuits insurance coverage. Even with these protections, many malpractice cases are still referred to the court system.

Medical negligence can result in serious injuries that can have long-term consequences for the patient's quality of life. This could mean losing income due to a missed job as well as an increase in medical expenses and treatment costs. Some types of medical negligence may cause permanent disfigurement or death.

A physician may be held liable for a malpractice claim if plaintiff can demonstrate that the injury could not have occurred if the patient had was properly informed about the risks associated with a procedure. This proof standard is known as "more likely than not" and is less stringent than the standard used in criminal cases which requires a more rigorous level of evidence.

Statute of limitations

A statute of limitations is a legal stopwatch which reduces the time to file a suit. The time frame is determined by the laws of each state and can vary depending on the nature and date of the case.

Some medical injuries are immediately visible, such as a fractured leg or a head injury that has been traumatized. Other injuries may take a long time to manifest. As a result, the time limit for a malpractice case typically starts when the patient discovers or should have discovered the negligence or omission that led to their injury.

This is called the discovery rule. It permits patients who might not have known of a medical error that has occurred to file a malpractice lawsuit after the statute of limitations. Some states have a completely discovery law, while other states have hybrid rules that include an upper limit or time frame for the patient's discovery of the injury.

If you or someone you love was injured as a result of medical negligence, consult a lawyer right away. Our law firm provides free consultations and there is no charge unless we are successful in settling your case. Click on any state on the map below to learn more about a malpractice claim or click on a link for current laws.