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What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional to recover injury caused by a negligent diagnosis or treatment. To prove a medical malpractice case it is necessary to prove that the doctor's actions were not in line with the accepted standard of care.

Patients must also prove that the negligence of the doctor directly led to their injury. This requires evidence, like medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor is obliged to follow the medical standard of care. This means that they must treat patients in the same manner as an individual doctor with the same knowledge and experience would in the same circumstances. If a doctor does not meet the standard of care, and a patient gets hurt the doctor could be held accountable for negligence.

The standard of care for patients varies between a medical professional and another, based on different factors. Certain doctors, malpractice for instance are more likely to warn their patients about the risks associated with certain procedures or treatments. The standard of care for patients can also vary based on nature of the relationship between doctor and patient. For instance, a physician who is treating a patient in a crisis situation has more responsibility than a doctor who visits patients under a established doctor-patient relationship.

It can be difficult to determine the standard of care if a malpractice claim has been filed. An experienced attorney can help. Generally expert witnesses are employed to help determine the standard of care in the particular case. Many people lack the understanding of skills, knowledge or education required to judge the standard of care based on medical treatment. Expert witnesses can assist a court determine if a physician or medical professional has fallen below the standards of care.

Breach of duty

Medical professionals and doctors are obliged to their patients to provide them with reasonable, competent medical care. If medical professionals fail to meet this obligation, they may have committed a malpractice. This is often due to their failure to adhere to accepted medical standards of care. For instance, a broken arm has to be properly taken x-rayed, and then properly placed before it can be placed in a cast to heal. If a physician fails to follow this process, it could lead to an infection, complete or partial loss of use of the arm and other complications.

A medical malpractice lawyer can help you determine if a healthcare provider has not met the standard of care applicable to your particular condition. This is referred to as breach of duty and is an important element in an 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 aspect requires proof from an expert witness, who will clarify how the healthcare professional's actions or inactions violated the standard of care for your condition and directly resulted in your suffering injury. Your lawyer will review all medical records and documentation including any expert witness testimony or evidence.

Damages

Damages in a case of malpractice pay a victim compensation for the damages he or she suffered as a result of the negligence of the medical professional. The damages can be either economic (lost wages or future medical expenses) or non-economic (pain & suffering). The damages that a person may be able to recover will depend on the laws of the state in which his or her case is filed.

Most doctors in the United States have malpractice insurance to protect themselves from malpractice lawsuits. Many hospitals require them to carry malpractice insurance as a condition for hospital privileges, or by their employers. Certain medical professionals have group malpractice insurance. Even with these insurances, the majority of malpractice cases will have to be argued before the courts.

Medical negligence could cause severe injuries that can have long-term impacts on the patient's quality of life. 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 physician can be liable for an action for malpractice if the plaintiff can demonstrate that the harm could not be averted had the patient was properly informed about the risks associated with an procedure. This standard is called "more probable than not" and it is less stringent than criminal cases, which require a higher level of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch which reduces the time to file a suit. This time frame is based on the laws of each state and can differ significantly based on the type of case and the date it was discovered.

Some medical issues are evident immediately, like an injured leg or brain injury that has been traumatized. Other injuries may take a long time to show up. The time limit for negligence claims usually starts when the patient learns or should have known about the negligent act or failure to cause harm.

This is known as the discovery rule and it allows patients who might not have known of the medical error to pursue malpractice law firm claims after the standard time limit has expired. Certain states have a strict discovery law, while others have hybrid rules, which include a cap or time limit for the patient's discovery of the injury.

If you or a loved one was injured due to medical malpractice, call an attorney immediately. Our law firm is available for free consultations and does not charge fees unless you are successful in your case. Select a state on the map below to learn more about a malpractice claim. Or click a link to view current laws.