The Reasons Malpractice Lawsuit Isn't As Easy As You Think

What is a Malpractice Claim?

A malpractice claim is a lawsuit against a doctor to recover the harm caused by negligent diagnosis or treatment. To prove medical malpractice, you must prove that your doctor strayed from the accepted standard of care.

Patients must be able to be able to prove that the doctor's negligence caused their injury. This requires evidence, such as medical bills, pay stubs, and expert testimony.

Duty of care

A doctor is required to act in accordance with the medical standard of care. This means they must treat a patient in the way that a doctor similar to them and with the same training would in similar circumstances. If a doctor fails meet the standard of treatment and a patient is injured, they could be liable for malpractice.

The standard of care varies between one medical professional and one another, based upon various factors. For instance, malpractice lawsuits some doctors have a greater duty to inform patients about the dangers of certain treatments or procedures than others. The standard of care for patients may also vary depending on the nature and duration of the doctor-patient relationship. For instance, a doctor who treats someone in an emergency situation is bound by a greater duty of care than a physician who sees patients under a established doctor-patient relationship.

It can be difficult to determine the standard of care in a case where a malpractice claim has been filed. An experienced attorney can assist. Expert witnesses are often utilized to provide insight into the standard care in the particular case. The majority of people lack the knowledge, skills or education necessary to determine the quality of care based on a medical treatment. Expert witnesses can help a judge determine if a doctor or other medical professional has slipped below the standards of care.

Breach of duty

Doctors and other medical professionals have a duty to patients to provide them with a reasonable, competent medical care. Healthcare professionals who fail to perform this duty could be guilty of negligence. This is often a result of not following the accepted medical standard of care. For example, a broken arm must be properly taken x-rayed, and then properly placed before it can be placed in a cast to heal. If a doctor does not follow this procedure, he may cause an infection, loss of arm use as well as other complications.

A medical malpractice lawyer can assist you in determining whether or not a healthcare professional has not met the standards of care required for your specific situation. This is referred to as breach of duty and it's an important aspect in an malpractice case. You must establish that the healthcare professional's actions or inactions were not within the standard of care required for your condition and resulted in harm to you.

This element requires proof by a qualified expert witness who can provide evidence of how the healthcare provider's actions or inactions violated the standards of care for your condition and directly resulted in injury to you. Your lawyer will scrutinize all documentation and medical records including any expert witness testimony or evidence.

Damages

In a malpractice lawsuit, damages compensate the victim for the losses he or suffers as a result of the medical provider's negligence. These damages may be economic (lost wages and future medical expenses) or non-economic (pain & suffering). The amount of damages that a person may be able to recover will depend on the laws of the state where the case is filed.

Most physicians in the United States have malpractice insurance to shield them from malpractice lawsuits. A majority of hospitals require doctors to have the insurance in order to qualify for obtaining hospital privileges or as a requirement by their employers. Certain medical professionals are covered under group malpractice insurance. Even with these protections, many malpractice cases are still referred to the court system.

Medical negligence can result in serious injuries that can have lasting effects on the patient's quality of life. This can result in loss of income due to missed work, and increased medical costs and treatment costs. A medical error could cause permanent disfigurement or even die.

A doctor may be held liable for malpractice if the party who was injured establishes that the harm wouldn't have occurred if the patient had been informed of the risks associated with the procedure. This proof standard is known as "more likely than not" and is less stringent than the standard in criminal cases which requires a higher degree of evidence.

Statute of limitations

A statute of limitations is a legal stopwatch which reduces the time to file a lawsuit. The time limit is determined by the laws of your state and can vary greatly depending on the type of case and when it was discovered.

Certain medical injuries are immediately obvious, such as fractured legs or malpractice lawsuits a traumatic head injury. Other injuries may take months or even years to show up. As a result, the time-limit for a claim based on a medical malpractice usually starts when the patient discovers or should have discovered the negligence or omission that led to their injury.

This approach is known 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 passed. Some states have a completely discovery law, while other states have hybrid rules that include a cap or time limit 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 negligence. Our law firm is available for free consultations and does not charge a fee unless you win your case. To learn more about a possible malpractice claim, hover over a state on the map below or click a link to learn about the current laws.