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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 medical malpractice, you must demonstrate that your doctor's actions were different from the standard of care that is accepted.

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

Duty of care

A doctor must perform their duties according to the medical standards of practice. This means that they have to treat a patient in the same way that a doctor of the same type and training would in similar circumstances. If a physician fails to meet the standard of care, and a patient suffers injury, they may be held liable for negligence.

The standard of care differs from one medical professional and another, based on different factors. For instance, certain doctors are more required to inform patients about the dangers of certain procedures or treatments than others. The standard of care can also vary based on nature of the doctor-patient relationship. For instance, a physician who provides treatment to someone in an emergency situation is bound by more responsibility than a doctor who visits patients in a regular doctor-patient relationship.

It can be 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 the particular case. This is because the majority of people do not have the skills, knowledge or the education required to determine the standards of care that should be dependent on the medical treatment. Expert witnesses can aid a court in determining whether a doctor, or other medical professional has violated the standards of care.

Breach of duty

Medical professionals and doctors are obliged to their patients to provide them with reasonable quality medical care. If medical professionals fail to live up to this obligation, they may have committed a crime. Most often, this is due to infractions to the accepted medical standard of care. For example, a broken arm has to be properly diagnosed with x-rays and set correctly before it can be placed in an arm cast to heal. If a doctor doesn't follow this procedure, he could cause an infection, loss of arm usage or other complications.

A medical attorney can assist you to determine if a healthcare provider has not met the standards of care applicable to your condition. This is referred to as breach of duty, and is one of the most important aspects of a malpractice claim. You must prove that the healthcare provider's actions or actions were not in line with the standard care for your condition, and caused you harm.

This element requires a qualified expert who can explain the actions or inactions of the healthcare provider who directly caused your injury. Your lawyer will scrutinize all medical records and documentation 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 provider's negligence. These damages could be financial (lost wages, current and future medical expenses) or non-economic (pain and suffering). The amount of damages a person could be able to recover will depend on the laws of the state where his or her case is filed.

The majority of doctors in the United States carry malpractice insurance to protect themselves from malpractice claims. They are required to carry this insurance by many hospitals as a condition of their hospital privileges, or by their employer. Some medical professionals also have group insurance. Even with these insurances, many malpractice cases have to go through the courts.

Medical negligence can cause serious injuries that can have long-term repercussions for the patient's health. This can include lost earnings due to missing work as well as an increase in medical expenses and treatment costs. Some medical negligence can cause permanent disfigurement, or even death.

A doctor could be held accountable for negligence if the victim establishes that the harm wouldn't be happening in the event that the patient was aware of the risks that come with the procedure. This is referred to as "more likely than not" and it is less stringent than criminal cases that require a higher level of evidence.

Statute of limitations

A statute of limitations acts like a legal timer that counts down the amount of time you must file a lawsuit. This time period is determined by the laws of each state and can differ according to the type and date of the case.

Some medical injuries become apparent right away, such as an injured leg or brain injury that has been traumatized. Other injuries can take months or even years to manifest. The time limit for lawsuits involving malpractice law firm typically starts when the patient learns or should have discovered the negligence or inability to perform the act that caused the injury.

This is known as the discovery rule. It allows patients who might not have realized that a medical error occurred to file a malpractice lawsuit following the expiration of the statute of limitations. Some states have a sole discovery law, while others have hybrid rules that include an upper limit or time frame for the patient to find out about the injury.

Contact a lawyer immediately if you or someone you have loved has been injured due to medical malpractice. Our law firm provides free consultations and no cost unless we succeed in your case. Hover over any state in the map below to discover more about a malpractice case or click a link to learn more about current laws.