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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 a medical malpractice claim one must prove that the doctor's actions violated the recognized standard of care.

Patients must also prove that the doctor's negligence caused their injuries. This requires evidence like medical bills, pay stubs, and expert testimony.

Duty of care

A doctor must follow the medical standard of practice. This means that they must treat a patient the manner that a physician of their same type and training would in the same or similar circumstances. If a doctor doesn't meet the standard of care and a patient is injured and suffers injury, they could be held liable for malpractice.

The standard of care varies between a medical professional and one another, based upon various factors. For instance, certain doctors have a greater duty to inform patients of risks of certain treatments or procedures than others do. The standard of care can depend on the nature and duration of the doctor-patient relation. For instance, a physician who treats someone in an emergency has a greater duty of care as compared to a physician who sees patients through a doctor-patient relationship.

It is difficult to determine what is the standard of care when a malpractice claim has been filed. An experienced attorney can help. Generally experts are utilized to give insight into the standards of care for a particular case. This is due to the fact that most people lack the knowledge, skills or education to decide what the standard of care should be based on medical treatment. Expert witnesses can assist a court in determining whether a doctor, or other medical professional, is not up to the standard of care.

Breach of duty

Medical professionals and other healthcare professionals have a responsibility to patients to provide them with an appropriate and competent medical service. If medical professionals fail to fulfill this obligation, they could have committed a crime. This is often a result of infractions to the accepted medical standard of care. A broken arm, for instance is required to be x-rayed properly and then properly placed before it can be placed into a cast. If a doctor fails to follow this process it could result in an infection, complete or partial loss of arm use and other complications.

A medical malpractice lawyer can help you determine if the healthcare provider has not met the standards of care that apply to your condition. This is referred to as breach of duty and it's an essential aspect of an malpractice law firms case. You must be able to prove that the healthcare provider's actions or inactions fell below the standard of care required for your condition and caused you harm.

This aspect requires a certified expert who can provide an explanation of the actions or inactions of your healthcare provider that directly caused your injury. Your lawyer will go through all documentation and medical records, including any expert witness testimony or evidence.

Damages

In a malpractice lawsuit, damages are awarded to the victim to compensate for the losses he or she has sustained because of the medical professional's negligence. The damages could be economic (lost income, current and future medical expenses) and non-economic (pain and suffering). The damages a person can get depends on the state laws that determine the circumstances of their case.

Most doctors in the United States have malpractice insurance to protect them against malpractice claims. Many hospitals require them have malpractice law firm insurance as a condition for hospital privileges or by their employers. Some medical professionals have group malpractice coverage. Even with these protections, many malpractice cases are still handled through the courts.

Medical negligence could result in serious injuries with long-term repercussions for the patient's health. This could include loss of income due to missed employment, as well as increased medical costs and treatment expenses. A medical error can lead to permanent disfigurement or even die.

A physician may be held liable for a malpractice claim if victim can prove that the incident would not be averted had the patient been adequately informed about the risks involved with a procedure. This is known as "more likely 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 that will count down the time 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 immediately apparent, such as broken legs or a head injury that is traumatic. Some injuries can take months or years to manifest. This means that the statute of limitations for a malpractice lawsuit typically begins when patients discover or should have realized the negligence or omission that caused their harm.

This is called the discovery rule. It allows patients who may not have realized that a medical error has occurred to file a malpractice lawsuit within the timeframe of the statute of limitations. Some states have a pure discovery law, whereas others have hybrid rules that contain an upper limit or time frame for the patient to find out about the injury.

Get a lawyer on the case immediately if you or someone you love has been injured by medical malpractice. Our law firm is available for free consultations and no fee unless we win your case. Select a state on the map below to discover more about a malpractice claim or click a link to view current laws.