What is a Malpractice Claim?
A malpractice claim is a suit against a medical professional to recover the harm caused by negligent diagnosis or treatment. To prove medical malpractice, you need to demonstrate that your doctor’s actions were different from the standard of care that is accepted.
Patients must also show that the negligence of the doctor caused their injuries. This requires evidence such as medical bills and pay stubs as well as expert testimony.
Duty of care
A doctor is required to act in accordance with the medical standard of care. This means they must treat a patient the manner that a physician of the same type and training would under the same or similar circumstances. If a doctor fails adhere to the standards of care and a patient gets injured, they could be liable for malpractice.
The standards of care vary from one medical professional and one another, based upon various factors. Certain doctors, for malpractice lawsuits instance are required to inform their patients of the risks associated with certain treatments or procedures. The standards of care could also differ based on the nature of the relationship between doctor and patient. For instance, a physician who treats someone in an emergency situation has a greater duty of care than a doctor who treats patients through a doctor-patient relationship.
It is difficult to determine what is the standard of care if a malpractice claim has been filed. An experienced attorney can assist. Generally experts are employed to help determine the standards of care for a particular case. This is because most people do not have the skills, knowledge or the education required to determine what the proper standard of care should be in light of medical treatment. Expert witnesses can aid the court in determining if a doctor, or other medical professional, has violated the standards of care.
Breach of duty
Healthcare professionals and doctors are required by patients to provide appropriate and competent medical care. Healthcare professionals who fail to comply with this obligation could be found guilty of negligence. Often, this involves infractions to the accepted medical standard of care. A broken arm, for example requires x-rays that are done correctly and then set correctly before it is placed into a cast. If a doctor doesn’t adhere to this process it could result in an infection, partial or full loss of use of the arm and other complications.
A medical malpractice lawyer will help you determine whether or not a healthcare professional did not meet the standards of care for your specific situation. This is known as breach of duty and is an essential aspect of an malpractice case. You must be able to prove that the healthcare professional’s actions or inactions fell below the standard of care for your condition and caused harm.
This element requires proof by an expert witness, who will explain how the healthcare provider’s actions or inactions violated the standards of treatment for your condition and directly resulted in injury to you. Your lawyer will examine all documentation and medical records, including any expert witness testimony or evidence.
Damages
In a malpractice lawsuit, damages provide compensation to the victim for the losses he or she has suffered due to the negligence of the medical professional. The damages could be economic (lost income, current and future medical expenses) and non-economic (pain and suffering). The damages that a person is able to get depends on the state laws that determine the circumstances of their case.
The majority of physicians in the United States have malpractice insurance to protect them from malpractice lawsuits. Some hospitals require them to have the insurance in order to qualify for hospital privileges, or by their employers. Some medical professionals have group malpractice insurance. However, despite these safeguards, many malpractice cases still have to be argued before the courts.
Medical negligence could result in serious injuries with long-term effects on the patient’s quality of life. This can include loss of income due to working absences, and higher medical expenses and treatment costs. Certain kinds of medical negligence could cause permanent disfigurement or death.
A physician may be held liable for a malpractice claim if the person who suffered the injury can prove the incident would not have occurred had the patient was properly informed about the risks involved with a procedure. This type of proof is called “more likely than not” and is less invasive than the standard used in criminal cases that requires a greater level of evidence.
Statute of limitations
A statute of limitations acts like a legal stopwatch that counts down the length of time it takes to file a lawsuit. The length of time is determined by state laws and can be very different according to the type and date of the case.
Certain medical injuries are apparent quickly, for example, a broken leg or a traumatic brain injury. Other injuries can take months or even years to manifest. The statute of limitations in negligence claims usually begins when the patient is aware or should have been aware of the negligent act or failure to do something that caused the harm.
This approach is referred to as the discovery rule and it permits patients who may not have known of an error in their medical care to pursue malpractice claims after the standard time limit has expired. Some states adhere to a strict discovery rule, whereas other states have hybrid discovery rules which have a limit or cap on the time the patient has to be aware of an injury.
Get in touch with a lawyer as soon as you or someone you have a special relationship with has been hurt by medical negligence. Our law firm provides free consultations and does not charge a fee unless you win your case. Select a state on the map below to discover more about a malpractice claim. Or click on a link for the most current laws.