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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 it is necessary to prove that the doctor's treatment was not in accordance with the accepted standard of care.

Patients must also demonstrate that the negligence of the doctor caused their injuries. This requires evidence, like medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor must adhere to the medical standard of practice. This means that they have to take care of a patient in a way that a doctor of their same type and training would under similar circumstances. If a doctor fails uphold the standard of care and a patient is injured, then they may be held accountable for negligence.

The standards of care for patients can differ from one doctor to the next, depending on a myriad of factors. For instance, certain doctors have a greater responsibility to inform patients of the dangers associated with certain procedures or treatments than others. The standards of care could also differ based on the nature of the relationship between doctor and patient. For instance, a physician who provides treatment to someone in an emergency has more responsibility than a physician who sees patients under a established doctor-patient relationship.

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 give insight into the standard of care for a specific case. Most people lack the knowledge, skills or education necessary to determine the standard of care in a medical treatment. Expert witnesses can assist the court in determining if the doctor, or any other medical professional has fallen below the standards of care.

Breach of duty

Doctors and other medical professionals owe patients a duty to provide them with reasonable and professional medical care. If medical professionals fail to perform their obligation, they may be guilty of malpractice. This often involves failing 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 an arm cast to heal. If a doctor doesn't follow this procedure, he or she could cause an infection or loss of arm movement and other complications.

A medical malpractice lawyer can assist you in determining whether or not a healthcare provider has not met the standard of care for your specific condition. This is referred to as breach of duty, and it's 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 caused harm to you.

This aspect requires a certified expert who can provide an explanation of the actions or actions of the healthcare provider who directly caused your injury. Your lawyer will look over your medical chart and other documents including any testimony or evidence obtained from an expert medical witness.

Damages

Damages in a malpractice case are awarded to a victim for losses he or she has suffered due to the medical provider's negligence. These damages may include economic (lost income, current and future medical expenses) and non-economic (pain and suffering). The amount of 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.

The majority of doctors in the United States carry malpractice insurance to protect themselves from claims for malpractice. They are required to carry this insurance by a number of hospitals as a condition for hospital privileges, or by their employer. Certain medical professionals have group malpractice coverage. Despite these protections many malpractice law firms cases still have to go through the courts.

Medical negligence can result in severe injuries that can have long-term impacts on the life of the patient. This could mean loss of income as a result of the absence of work, as well as an increase in medical costs and treatment costs. A medical error could cause permanent disfigurement, or even death.

A physician could be held responsible for an action for malpractice if the victim can prove that the incident would not have occurred had the patient been adequately informed about the risks associated with an procedure. This standard of proof is called "more likely than not" and is less stringent than the standard in criminal cases which requires a more rigorous level of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch that reduces the time to file a lawsuit. This period is determined by the laws of each state and can differ depending on the type and date of the case.

Some medical conditions are immediately obvious, such as fractured legs or a head injury that is traumatizing. Other injuries can take months or even years to show up. The statute of limitations for negligence claims usually begins when the patient discovers or should have discovered the negligent act or failure to perform the act that caused the injury.

This approach is known as the discovery rule and it allows patients who might not have realized of an error in their medical care to pursue malpractice claims after the standard statute of limitations has passed. Some states follow a pure discovery rule, while others have hybrid discovery rules which have a limit or cap on the time frame that a patient must have to discover an injury.

If you or a loved one was injured as a result of medical malpractice, contact an attorney immediately. Our law firm is available for free consultations, and we do not charge fees unless you win your case. To find out more about a potential malpractice claim, hover over any state on the map below or click a link to read about the laws currently in force.