What is a Malpractice Claim?
A malpractice claim is a suit against a medical professional to recover injuries caused by negligence in diagnosis or treatment. To prove medical malpractice, you must demonstrate that the doctor’s treatment was deviant from the accepted standard of care.
Patients must also prove that negligence by the doctor directly contributed to their injuries. This requires evidence like medical bills, pay stubs, and expert testimony.
Duty of care
A doctor has a responsibility to follow the medical standard of care. This means that they must treat a patient the way that a doctor similar to them and with the same training would in similar circumstances. If a doctor fails the standard of care, and a patient suffers injury, they may be held liable for malpractice.
The standard of care may differ from one medical professional to the next, depending on a variety of variables. For instance, some physicians have a greater responsibility to inform patients about the dangers associated with certain treatments or procedures than others. The standard of care for patients can be different based on the nature of the relationship between doctor and patient. Doctors who treat a patient in an emergency is more accountable for care than one with an established relationship with a doctor.
It can be difficult to determine the level of care once a claim has been filed. An experienced attorney can assist. Expert witnesses are often used to provide information on the standard of care in an individual case. This is because the majority of people do not have the expertise, knowledge or the education required to determine what the appropriate standard of care should be dependent on the medical treatment. Expert witnesses can assist in determining if doctors, or any other medical professional is not up to the standard of care.
Breach of duty
Medical professionals and doctors are obliged to their patients to provide them with fair, competent medical care. A healthcare professional who fails to perform this duty could be found guilty of negligence. This often involves failing to adhere to accepted medical standards of care. For instance, a broken arm must be properly diagnosed with x-rays and set correctly before it can be placed in an arm cast to heal. If a doctor fails to follow this procedure, he or she could cause an infection or loss of arm use or other complications.
A medical attorney can assist you to determine if a medical professional has not met the standard of care relevant to your condition. This is known as breach of duty, and it’s an important aspect in a malpractice case. You must be able to prove that the healthcare provider’s actions or inactions did not meet the standard of care for your condition and caused you harm.
This element requires a qualified expert who can explain the actions or mistakes of the healthcare provider directly causing your injury. Your lawyer will review all documentation and medical records including any expert witness testimony or evidence.
Damages
In a case of malpractice, damages compensate the victim for losses that he or she has sustained because of the medical provider’s negligence. These damages can be categorized as economic (lost income or future medical expenses) and non-economic (pain and suffering). The damages a person could get depends on the laws of the state that govern his or her case.
Most physicians in the United States carry malpractice insurance to protect themselves from lawsuits arising from malpractice. Some hospitals require them to carry malpractice insurance as a condition for hospital privileges or by their employers. Some medical professionals also have group malpractice insurance coverage. Even with these insurances, many malpractice cases have to be argued before the courts.
Medical negligence can result in serious injuries that have long-term consequences on the patient’s life. This can include lost income due to missed employment and increased medical costs and treatment expenses. Some kinds of medical negligence could cause permanent disfigurement or even death.
A physician could be held responsible for a malpractice claim if victim can prove that the harm would not have occurred if the patient had been adequately informed about the risks associated with an procedure. This is known as “more likely than not” and is less rigorous than criminal cases, which require a higher standard of evidence.
Statute of limitations
A statute of limitation is a legal stopwatch that counts down the time left to file a suit. The time limit is determined by the laws of each state and can differ widely based on the kind of case and the date it was discovered.
Some medical injuries are immediately apparent, such as fractured legs or a head injury that is traumatizing. Other injuries can take a long time to manifest. The statute of limitations in lawsuits for malpractice usually begins when the patient discovers or ought to have known about the negligent act or failure to do something that caused the harm.
This is known as the discovery rule. It allows patients who may not have realized that a medical error has occurred to file a malpractice claim following the expiration of the statute of limitations. Some states adhere to a strict discovery rule, whereas other states have hybrid discovery rules which have a cap or limit on the amount of time a patient must be aware of an injury.
Contact a lawyer right away if you or someone you love has been injured by medical malpractice. Our law firm provides free consultations, and we do not charge fees unless you succeed in your case. To learn more about a possible malpractice claim, hover over a state on the map below or click a link for more information about the laws currently in force.