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What is a Malpractice Claim?

A malpractice claim is a lawsuit against a medical professional to recover harm caused by a negligent diagnosis or treatment. To prove medical malpractice lawyer, you need to demonstrate that the doctor's treatment was deviant from the accepted standard of care.

Patients must also show that the negligence of a doctor directly triggered their injuries. This requires evidence, such as medical bills and pay stubs as well as expert testimony.

Duty of care

A doctor has a responsibility to perform their duties in accordance with the medical standard of care. This means they must take care of a patient in a way that a doctor of their same type and training would in the same or similar circumstances. If a doctor does not meet the standard of care and a patient gets injured, then they may be liable for negligence.

The standards of care vary between one medical professional and another, based on different factors. For example, some doctors are more required to inform patients of dangers of certain procedures or treatments than others. The standard of care for patients can be different based on the nature of the relationship between doctor and patient. A doctor who sees patients in an emergency has a higher standard of care than a doctor with an established relationship with a doctor.

Determining the level of care in a malpractice claim is often complicated and requires the help of an experienced attorney. Expert witnesses are often used to provide insight into the standard of care for an individual case. Most people lack the knowledge, skills or education necessary to determine the standard of care based on medical treatment. Expert witnesses can assist a court determine if a physician or other medical professional has violated the standard of care.

Breach of duty

Doctors and other healthcare professionals have a responsibility to patients to provide appropriate and competent medical care. Healthcare professionals who fail to meet this obligation may be guilty of negligence. Most often, this is due to infractions to the accepted medical standard of care. A broken arm, for example, must be x-rayed correctly and then set correctly before it can be placed in a cast. If a doctor does not follow this procedure and the result could be an infection, either 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 failed to meet the standard of care applicable to your condition. This is called breach of duty, and is one of the most important aspects of a malpractice claim. 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 you harm.

This requires a qualified expert who can provide an explanation of the actions or mistakes of the healthcare provider that directly caused your injury. Your lawyer will examine all documentation and medical records including any expert witness testimony or evidence.

Damages

Damages in a case of malpractice compensate a victim for the damages he or she suffered as a result of the medical provider's negligence. These damages could include economic (lost income or future medical expenses) and non-economic (pain and suffering). The damages that a person is able to receive depend on the laws of the state which determine the circumstances of their case.

Most doctors in the United States carry malpractice insurance to shield themselves from legal claims arising from malpractice. Many hospitals require them have the insurance in order to qualify for hospital privileges, or by their employers. Certain medical professionals have group malpractice insurance. However, despite these protections, many malpractice cases have to be argued before the courts.

Medical negligence can cause serious injuries that have long-term consequences for the patient's quality of life. This can include lost income due to missed employment and a rise in medical costs and treatment expenses. 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 injury would not have occurred if the patient had been properly informed of the risks associated with a procedure. This proof standard is known as "more likely than not" and is less invasive than the standard used in criminal cases which requires a higher amount of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch which will count down the time to file a lawsuit. The length of time is determined by the laws of each state and may be different depending on the type and date of the case.

Certain medical injuries are instantly visible, such as fractured legs or a head injury that is traumatic. Some injuries can take months or even years to manifest. The statute of limitations in malpractice claims often starts when the victim discovers or should have discovered the negligent act or failure to perform the act that caused the injury.

This method is referred to as the discovery rule, and it permits patients who may not have realized of the medical error to pursue malpractice claims after the standard statute of limitations has passed. Some states have a sole discovery law, while other states have hybrid rules that contain the time limit for the patient to discover the injury.

Get a lawyer on the case immediately if you or someone you have loved has been injured due to medical malpractice. Our law firm offers free consultations and no fee unless we win your case. Click on any state on the map below to discover more about a malpractice claim. Or click a link to view current laws.