What is a Malpractice Claim?

A malpractice claim is a lawsuit against a doctor for damages caused by a negligent treatment or diagnosis. To prove a medical malpractice case it is necessary to prove that the doctor's actions were not in line with the recognized standard of care.

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

Duty of care

A doctor must perform their duties according to the medical standard of practice. This means that they must treat patients in the same manner as doctors with the same training and experience would under similar circumstances. If a physician fails to meet the standard of care and a patient is injured and suffers injury, they could be held liable for malpractice.

The standard of care for patients varies between a medical professional and another, based on different factors. Some doctors, for example, have a greater obligation to inform their patients of the dangers of certain treatments or procedures. The standard of care for patients can also vary based on nature of the doctor-patient relationship. For instance, a doctor who is treating a patient in a crisis situation has a greater duty of care as compared to a physician who sees patients through a doctor-patient relationship.

Determining the standard of care in a claim for malpractice is usually a complex matter that requires the assistance of an experienced attorney. Expert witnesses are frequently used to help determine the standard care in an individual situation. This is due to the fact that most people do not have the knowledge, skills or training to know what the proper standard of care should be dependent on the medical treatment. Expert witnesses can help a court determine if a doctor or other medical professional has not met the standard of care.

Breach of duty

Medical professionals and doctors are obliged to their patients to provide them with a reasonable and competent medical treatment. If medical professionals fail to perform their obligation, they could have committed a crime. Most of the time, this means infractions to the accepted medical standard of care. For example, a broken arm has to be properly examined by x-rays and then properly set before it can be placed in the form of a cast to heal. If a doctor does not adhere to this process and the result could be an infection, either complete or partial loss of arm use and other complications.

A medical malpractice attorney can assist you in determining whether or not a healthcare professional failed to live up to the standards of care for your specific health condition. This is referred to as breach of duty, and it's an important element in an malpractice case. You must prove that the healthcare professional's actions or inactions did not meet the standard of care for your condition and caused harm.

This element requires a qualified expert who can provide an explanation of the actions or mistakes of the healthcare provider who directly caused your injury. Your lawyer will go over your medical chart and other documents including any evidence or testimony from an expert medical witness.

Damages

In a malpractice case damages are awarded to the victim to compensate for losses that he or suffered because of the medical professional's negligence. These damages can be economic (lost wages or future medical expenses) or non-economic (pain and suffering). The damages that a person can recover will depend on the laws of the state in which his or her case is filed.

The majority of doctors in the United States have malpractice insurance to protect themselves against malpractice claims. Many hospitals require them to carry the insurance in order to qualify for hospital privileges or by their employers. Certain medical professionals have group malpractice coverage. Despite these protections many malpractice cases still have to go through the courts.

Medical negligence can lead to serious injuries that could have lasting effects on the patient's quality of life. This can result in loss of income as a result of working absences, and higher medical costs and treatment costs. Medical negligence can lead to permanent disfigurement or even death.

A physician may be held liable for gulf shores malpractice attorney if the injured party establishes that the harm wouldn't have happened in the event that the patient was informed of the risks associated with the procedure. This standard of proof 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 limitations is similar to a stopwatch in law which counts down the amount of time you have to start a lawsuit. The time limit is determined by the laws of each state and can differ widely based on the kind of case as well as the date at which it was discovered.

Some medical issues are evident immediately, like the broken leg or traumatic brain injury. Other injuries may take a long time to manifest. This means that the time limit for a malpractice lawsuit typically is when a patient realizes or should have discovered the negligent act or omission which caused their harm.

This is called the discovery rule. It permits patients who might not have been aware that a medical error occurred to file a malpractice claim within the timeframe of the statute of limitations. Certain states have a strict discovery law, while some have hybrid rules that include an upper limit or time frame for the patient's discovery of the injury.

If you or someone you love suffered a traumatic injury as a result of medical malpractice, contact an attorney immediately. Our law firm offers no-cost consultations, and vimeo we do not charge a fee unless you succeed in your case. Hover over any state in the map below to discover more about a malpractice claim, or click a link for current laws.