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 one must prove that the doctor’s actions violated the accepted standard of care.
Patients must be able to demonstrate that the negligence of the doctor caused their injury. This requires evidence, such as medical bills and pay stubs. Expert testimony is also required.
Duty of care
A doctor is required to perform their duties according to the medical standard of practice. This means that they have to treat patients in the same manner as an individual doctor with the same type of experience and training would in the same circumstances. If a doctor fails uphold the standard of care and a patient is injured, then they may be held accountable for malpractice.
The quality of care offered by a doctor can vary from one medical professional to the next, depending on a myriad of factors. Some doctors, for example are required to inform their patients of the risks associated with certain treatments or procedures. The standard of care may also change depending on the nature of the doctor-patient relationship. Doctors who treat patients in an emergency has a higher obligation to care than one who has an established doctor-patient relation.
It can be difficult to determine the appropriate standard of care in a case where a malpractice claim has been filed. An experienced attorney can assist. Generally expert witnesses are employed to give insight into the standard of care that is required in a particular case. This is because the majority of people do not have the necessary knowledge, skills or the education required to determine what the appropriate standard of care should be in light of medical treatment. Expert witnesses can help a court determine if a physician or other medical professional has fallen below the standard of care.
Breach of duty
Medical professionals and doctors are obliged to their patients to provide reasonable quality medical care. If medical professionals fail to meet this obligation, they could have committed a malpractice. Most of the time, this means infractions to the accepted medical standard of care. A broken arm, for instance, must be x-rayed correctly and then properly set before it can be put in a cast. If a doctor doesn’t adhere to this process it could result in an infection, a complete or partial loss of use of the arm and other complications.
A medical malpractice attorney will help you determine whether or not a medical professional has not met the standard of care that is required for your specific health condition. This is referred to as breach of duty, which is an important element in any malpractice case. You must prove that the healthcare professional’s actions or inactions were not up to the standard of care required for your condition and caused you harm.
This is a requirement for a qualified 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 records, including any testimony or evidence from a medical expert witness.
Damages
Damages in a malpractice case provide compensation to the victim for the loss he or she suffered as a result of the negligence of the medical professional. These damages may be economic (lost wages, current and future medical costs) or non-economic (pain & suffering). The amount of damages that a person can recover will depend on the laws of the state in which his or her case is filed.
The majority of physicians in the United States have malpractice insurance to protect themselves against sequim malpractice lawsuit claims. A majority of hospitals require doctors to have malpractice insurance as a condition to be granted hospital privileges or by their employers. Certain medical professionals are covered under group jonesboro malpractice lawsuit insurance. However, despite these protections, many malpractice cases need to go through the courts.
Medical negligence could cause serious injuries with long-term effects on the patient’s quality of life. This can include loss of income due to absence from work, as well as increased medical expenses and treatment costs. Some kinds of medical negligence can even cause permanent damage or even death.
A doctor can be held accountable for negligence if the person who suffered the injury can prove the accident could not have occurred had the patient 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 in criminal cases that requires a greater degree of evidence.
Statute of limitations
A statute of limitations acts similar to a legal stopwatch that counts down the length of time that you have to make a claim. This time frame is based on the laws of your state and can vary widely based on the kind of case and when it was discovered.
Some medical injuries are immediately apparent, such as broken legs or a head injury that is traumatic. Certain injuries may take a few months or years to manifest. Therefore, the statute of limitations for a malpractice case typically begins when patients discover or should have discovered the negligence or omission that caused the harm.
This is called the discovery rule. It permits patients who might not have been aware of a medical error that has occurred to file a claim for malpractice following the expiration of the statute of limitations. Some states have a sole 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 right away. Our law firm offers free consultations, and we do not charge fees unless you are successful in 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.