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What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional for injuries caused by negligence in diagnosis or treatment. To prove medical malpractice, you must demonstrate that the doctor's treatment was deviant from the accepted standard of care.

Patients must also show that the negligence of the doctor directly contributed to their injuries. This will require evidence such as medical bills as well as pay stubs and expert testimony.

Duty of care

A doctor is required to perform their duties in accordance with the medical standard of care. This means they must treat patients the same way as doctors with the same type of training and experience would under similar circumstances. If a doctor does not meet the standard of care and a patient suffers injury the doctor could be held liable for malpractice.

The standard of care differs from one doctor to another, based on different factors. Some doctors, for example have a higher obligation 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 relationship between doctor and patient. A doctor who sees patients in an emergency has a higher obligation to care than one who has an established doctor-patient relationship.

Determining the level of care in a case of malpractice is often complicated and requires the assistance of an experienced attorney. Generally expert witnesses are employed to give insight into the standards of care in the specific case. This is due to the fact that most people lack the skills, knowledge or education to decide what the proper standard of care should be dependent on the medical treatment. Expert witnesses can aid a court in determining whether the doctor, or any other medical professional, is not up to the standard of care.

Breach of duty

Healthcare professionals and doctors have a duty to patients to provide them with appropriate and competent medical care. Healthcare professionals who fail to comply with this obligation could be liable for malpractice. Often, this involves failing to follow the accepted medical standard of care. A broken arm, for example should be examined by x-rays correctly and then properly set before it can be placed into a cast. If a doctor does not adhere to this procedure and the result could be an infection, complete or partial loss of arm use and other complications.

A medical malpractice lawyer will help you determine whether or not a healthcare professional has not met the standard of care that is required for your particular situation. This is called breach of duty and is one of the most important aspects in a malpractice case. You must demonstrate that the healthcare provider's actions or inactions fell short of the standard of care for your condition and caused you harm.

This is a requirement for a qualified expert who can provide an explanation of the actions or inactions of your healthcare provider that caused your injury. Your lawyer will go through all medical records and documentation including any expert witness testimony or evidence.

Damages

In a Malpractice Attorneys lawsuit, damages compensate a victim for the expenses he/she has suffered as a result of the negligence of the medical professional. These damages may be economic (lost wages or future medical expenses) or non-economic (pain and suffering). The damages a person can be awarded depend on the laws of the state which govern the case.

The majority of doctors in the United States carry malpractice insurance to safeguard themselves from malpractice claims. Many hospitals require them to have the insurance in order to qualify for hospital privileges or by their employers. Certain medical professionals are covered under group malpractice law firms coverage. Even with these protections, many malpractice cases are still referred to the courts.

Medical negligence could cause severe injuries that can have long-term impacts on the patient's life. This can include lost income due to a missed job and a rise in medical costs and treatment costs. Some types of medical negligence may cause permanent damage or even death.

A doctor can be held accountable for a malpractice claim if the victim can prove that the incident could not have occurred if the patient had been properly informed of the risks involved with a procedure. This type of proof is known as "more likely than not" and is less demanding than the standard in criminal cases which requires a higher amount of evidence.

Statute of limitations

A statute of limitations is a legal stopwatch that is a timer that counts down the amount of time left to file a suit. The length of time is determined by state laws and can differ in accordance with the type and date of the case.

Certain medical injuries are immediately visible, such as a fractured leg or a traumatic head injury. Other injuries can take months or even years to show up. This means that the statute of limitations for a malpractice claim often begins when patients discover or should have realized the negligence or Malpractice Attorneys omission which caused their harm.

This method is referred to as the discovery rule and it allows patients who may not have realized of the medical error to pursue malpractice claims after the standard statute of limitations has expired. Some states have a sole discovery law, while some have hybrid rules that contain the possibility of a time limit or malpractice attorneys cap for the patient to find out about the injury.

If you or someone you love was injured as a result of medical malpractice, call an attorney right away. Our law firm offers free consultations, and there is no cost unless we win your case. Select a state on the map below to discover more about a malpractice claim or click on a link for current laws.