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What is a Malpractice Claim?

A malpractice claim is an action against a physician for the harm caused by negligent treatment or diagnosis. To prove a medical malpractice claim, one must show that the doctor's actions violated the recognized standard of care.

Patients must also show that the negligence of the doctor caused their injury. This requires evidence such as medical bills as well as pay stubs and expert testimony.

Duty of care

A doctor has a responsibility to follow the medical standard of care. This means they must treat patients in the same manner as an individual doctor with the same knowledge and experience would under the same circumstances. If a physician fails to adhere to the standards of care and a patient gets injured, they could be held accountable for malpractice lawyer.

The standards of care vary between a medical professional and another, based on different factors. Some doctors, for example are more likely to inform their patients of the risks associated with certain treatments or procedures. The standard of care can also vary based on nature of the doctor-patient relationship. For instance, a physician who is treating a patient in an emergency situation is bound by a greater duty of care than a physician who sees patients through an established doctor-patient relationship.

Determining the standard of care in a malpractice claim is often a difficult task and requires the assistance of an experienced attorney. Expert witnesses are often employed to help determine the standard of care for an individual situation. This is because most people do not have the expertise, knowledge or the education required to determine what the standard of care should be based on medical treatment. Expert witnesses can help a judge assess whether a doctor or other medical professional has not met the standard of care.

Breach of duty

Healthcare professionals and doctors have a duty to patients to provide an appropriate and competent medical service. Healthcare professionals who fail to comply with this obligation could be found guilty of negligence. Most of the time, this means not adhering to the accepted medical standard of care. For instance, a fractured arm should 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, malpractice claim he may cause an infection, loss of arm usage, and other complications.

A medical legal expert can help you determine if a healthcare professional 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 demonstrate that the healthcare provider's actions or inactions were not within the standard care for your condition, and caused harm to you.

This aspect requires proof from an expert witness, who will clarify how the healthcare professional's actions or inactions violated the standards of treatment for your condition and directly resulted in injury to you. Your lawyer will examine your medical chart and other documentation, including any testimony or evidence from medical experts.

Damages

In a malpractice case, damages are awarded to the victim to compensate for any losses he/she suffered as a result the medical professional's negligence. These damages could include economic (lost income and future medical expenses) and non-economic (pain and suffering). The amount of damages that a person might be able to claim will depend on the laws of the state in which the case is filed.

The majority of physicians in the United States have malpractice legal insurance to protect themselves against malpractice claims. They are required to do this by many hospitals as a condition of hospital privileges or by their employers. Certain medical professionals also have group malpractice legal insurance. However, despite these protections, many malpractice lawsuit cases have to go through the courts.

Medical negligence can lead to serious injuries, which can have long-term effects on the patient's quality of life. This can include loss of income due to missed work, and increased medical costs and treatment costs. Medical negligence can lead to permanent disfigurement or even death.

A physician could be held responsible for negligence if the injured party can prove that the harm would not be averted had the patient was properly informed about the risks involved with a procedure. This proof standard is known as "more likely than not" and is less rigorous than the standard used in criminal cases which requires a more rigorous amount of evidence.

Statute of limitations

A statute of limitation is a legal stopwatch which will count down the time to file a suit. The time limit is determined by the laws of the state and may vary significantly based on the type of case as well as the date at which it was discovered.

Some medical injuries are immediately apparent, such as a fractured leg or a traumatic head injury. Other injuries can take months or even years to manifest. In this way, the time-limit for a malpractice claim often begins when patients discover or should have discovered the negligence or omission that caused their injury.

This is called the discovery rule. It allows patients who might not have realized of a medical error that has occurred to file a malpractice claim after the statute of limitations. Certain states have a strict discovery rule, whereas others have hybrid rules for discovery that have some sort of limit or cap on the amount of time a patient must wait to find out about an injury.

If you or a loved one was injured as a result of medical malpractice, call an attorney immediately. Our law firm offers free consultations and no cost unless we are successful in settling your case. Hover over any state in the map below to discover more about a malpractice claim. Or click a link to learn more about the most current laws.