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What is a Malpractice Claim?

A malpractice claim is an action against a doctor to recover damages caused by a negligent treatment or diagnosis. To prove a medical malpractice claim it is necessary to prove that the doctor's treatment was not in accordance with the accepted standard of care.

Patients must also prove that the negligence of the doctor directly triggered their injuries. This will require evidence such as medical bills, pay stubs, and expert testimony.

Duty of care

A doctor has a responsibility to perform their duties in accordance with the medical standard of care. This means that they must treat patients in the same way as doctors with the same training and experience would do in the same situation. If a doctor does not meet the standard of care, and a patient is hurt, they may be held liable for negligence.

The standard of care may differ from one medical professional to the next, based on a variety of factors. Certain doctors, for instance are more likely to warn their patients about the risks of certain procedures or treatments. The standard of care can also vary depending on the nature and length of the relationship between doctor and patient. For instance, a physician who treats someone in an emergency situation is bound by the responsibility of taking care of them better than a physician who sees patients in a regular doctor-patient relationship.

It can be difficult to determine the standard of care when a malpractice claim has been filed. An experienced attorney can help. Generally, expert witnesses are used to provide insight into the standard of care that is required in a particular instance. This is because a majority of people do not have the knowledge, skills or education to decide what the standard of care should be dependent on the medical treatment. Expert witnesses can help a court determine if a doctor or any other medical professional has fallen below the standard of care.

Breach of duty

Healthcare professionals and doctors are accountable to their patients to provide adequate and competent medical treatment. If a healthcare professional fails to perform their obligation, they could have committed a crime. This is often due to their failure to adhere to accepted medical standards of care. A broken arm, for example, must be x-rayed correctly and then set properly before it can be put in a cast. If a doctor does not follow this procedure it could result in an infection, either complete or partial loss of arm use and other complications.

A medical malpractice lawyer can help you determine if the healthcare provider has not met the standard of care applicable to your particular condition. This is referred to as breach of duty, and it's an essential element in a malpractice case. You must be able to prove that the healthcare professional's actions or inactions did not meet the standard of care for your condition and caused harm.

This element 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 resulted in your suffering injury. Your lawyer will look over your medical record and other documents, including any testimony or evidence obtained from medical experts.

Damages

In a malpractice lawsuit, damages compensate a victim for the loss he or she suffered due to the negligence of the medical professional. These damages may be economic (lost wages and future medical costs) or non-economic (pain and suffering). The damages a person can receive depend on the laws of the state that govern his or her case.

Most physicians in the United States carry malpractice insurance to shield themselves from malpractice claims. Many hospitals require them to carry malpractice law firms insurance as a condition for hospital privileges or by their employers. Some medical professionals have group malpractice coverage. Even with these insurances, many malpractice cases still have to go through the courts.

Medical negligence can lead to serious injuries that could have long-term repercussions for the patient's quality of life. This can include loss of income due to missed work, and increased medical expenses and treatment costs. A medical error can lead to permanent disfigurement or even die.

A doctor may be held accountable for negligence if the person who suffered proves that the injury wouldn't be happening if the patient had been aware of the risks associated with the procedure. This standard is called "more probable than not" and it is less rigorous than criminal cases, which require a higher level of evidence.

Statute of limitations

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

Certain medical injuries are apparent right away, such as the broken leg or brain injury that is traumatic. Other injuries may take months or even years to manifest. In this way, the time limit for a malpractice case typically is when a patient realizes or should have discovered the negligent act or omission which caused their harm.

This approach is known as the discovery rule, and it allows patients who might not have been aware of a medical error to pursue malpractice claims after the standard statute of limitations has passed. Certain states have a strict discovery rule, whereas others have hybrid rules for discovery that include a cap or limit on the time that the patient must have to discover an injury.

If you or a loved one suffered a traumatic injury as a result of medical malpractice, call a lawyer immediately. Our law firm provides free consultations and no cost unless we are successful in settling your case. Click on any state on the map below to find out more about a malpractice claim or click a link for the most current laws.