What is a Malpractice Claim?
A malpractice claim is a suit against a medical professional for harm caused by a negligent diagnosis or treatment. To prove medical malpractice, you need to show that your doctor deviated from the accepted standards of care.
Patients must also prove that negligence by the doctor directly caused their injury. This requires evidence like medical bills as well as pay stubs and expert testimony.
Duty of care
A doctor is obliged to act in accordance with the medical standard of care. This means that they have to treat patients in the same manner as doctors with the same training and experience would under similar circumstances. If a doctor fails adhere to the standards of care and a patient gets injured, then they may be held accountable for malpractice.
The standard of care may differ from one medical professional to another, based on a variety. For instance, some physicians have a greater duty to inform patients of the dangers of certain treatments or procedures than others. The standards of care could also differ based on the nature of the doctor-patient relationship. For instance, a physician who sees a patient in a crisis situation has more responsibility as compared to a physician who sees patients in a regular 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 assist. Generally experts are employed to help determine the standard of care in the particular case. This is because a majority of people do not have the expertise, knowledge or education to decide what the appropriate standard of care should be dependent on the medical treatment. Expert witnesses can assist a court in determining whether an individual doctor, or another medical professional, has fallen below the standards of care.
Breach of duty
Doctors and other medical professionals have a duty to patients to provide reasonable and competent medical treatment. A healthcare professional who fails to perform this duty could be guilty of malpractice. Most of the time, this means failing to follow the accepted medical standard of care. A broken arm, for example, must be x-rayed correctly and then set properly before it can be put in a cast. If a doctor doesn't follow this procedure, he may cause an infection, loss of arm movement, and other complications.
A medical legal expert can help you determine if a healthcare professional has failed to meet the standards of care that apply to your condition. This is referred to as breach of duty and it's an important element in any malpractice case. You must demonstrate that the healthcare provider's actions or inactions fell below the standard of care for your condition and caused you harm.
This element requires a qualified expert who can discuss the actions or mistakes of the healthcare provider who directly caused your injury. Your lawyer will go over your medical chart and other records including any testimony or evidence from an expert medical witness.
Damages
In a case of malpractice, damages are awarded to the victim to compensate for the loss he or she has sustained due to the medical provider's negligence. These damages may be economic (lost wages, current and future medical costs) or non-economic (pain & suffering). The damages a person can be awarded depend on the state laws that determine the circumstances of their case.
The majority of doctors in the United States carry malpractice insurance to shield themselves from
legal claims arising from malpractice. Some hospitals require them to have the insurance in order to qualify for hospital privileges or by their employers. Some medical professionals have group malpractice insurance. Despite these safeguards, many malpractice cases continue to be handled by the courts.
Medical negligence can lead to serious injuries with long-term effects on the life of the patient. This could mean loss of income due to missed work, and increased medical expenses and treatment costs. A medical error could cause permanent disfigurement or even death.
A doctor can be held accountable for a
salamanca malpractice law firm claim if plaintiff can demonstrate that the accident could not have occurred had the patient been properly informed of the risks associated with a procedure. This is referred to as "more probable than not" and it is less arduous than criminal cases, which require a higher standard of evidence.
Statute of limitations
A statute of limitations works like a legal stopwatch which counts down the amount of time you must make a claim. The time frame is determined by state laws and can differ depending on the type and date of the case.
Some medical conditions are obvious right away, such as an injured leg or brain injury that has been traumatized. Certain injuries may take months or even years to be apparent. As a result, the time limit for a malpractice case typically is when a patient realizes or should have realized the negligent act or omission which caused their injury.
This is called the discovery rule. It permits patients who might not have known that a medical error occurred to file a claim for malpractice within the timeframe of the statute of limitations. Some states adhere to a strict discovery rule, whereas others have hybrid rules for discovery that include a limit or cap on the amount of time a patient must be aware of an injury.
Contact a lawyer right away if you or someone you are caring for has been injured as a result of medical malpractice. Our law firm offers free consultations and does not charge a fee unless you are successful in your case. To learn more about a possible malpractice claim, hover over any state on the map below or click a link to learn about the current laws.
