What is a Malpractice Claim? A malpractice claim is a lawsuit against a medical professional for harm caused by a negligent diagnosis or treatment. To prove a medical malpractice claim one must prove that the doctor's actions violated the recognized standard of care. Patients must be able to prove that the doctor's negligence caused their injuries. This requires evidence, including medical bills and pay stubs. Expert testimony is also required. Duty of care A doctor has a duty to perform their duties in accordance with the medical standard of care. This means they must treat a patient in the same way that a doctor similar to them and with the same training would under the same or similar circumstances. If a doctor fails meet the standards of treatment and a patient is injured, they could be liable for negligence. The quality of care offered by a doctor can differ from one medical professional to the next, based on a variety of variables. Certain doctors, for instance have a higher obligation to inform their patients about the dangers of certain treatments or procedures. The standard of care for patients may be different based on the nature and duration of the doctor-patient relation. For instance, a doctor who treats someone in an emergency has more responsibility than a doctor who visits patients under a established doctor-patient relationship. It can be difficult to determine the level of care once a claim has been filed. An experienced attorney can help. Expert witnesses are often used to provide information on the standard of care for a particular situation. This is due to the fact that most people lack the knowledge, skills or education to decide what the proper standard of care should be determined by medical treatment. Expert witnesses can help a judge assess whether a doctor or medical professional has violated the standard of care. Breach of duty Medical professionals and doctors have a duty to patients to provide them with a reasonable and professional medical care. Any healthcare professional who fails to comply with this obligation could be guilty of negligence. This is often due to their failure to follow accepted medical standards of care. A broken arm, for instance should be examined by x-rays correctly and then properly set before it can be put into a cast. If a doctor fails to follow this procedure and the result could be an infection, partial or full loss of use of the arm and other complications. A medical malpractice lawyer will help you determine whether or not a healthcare provider didn't meet the standards of care for your specific condition. This is known as breach of duty, and it's one of the most crucial aspects of a malpractice claim. You must prove that the healthcare provider's actions or inactions did not meet the standard of care for your condition and caused harm. This is a requirement for a qualified expert who can explain the actions or actions of the healthcare provider directly causing your injury. Your lawyer will examine your medical chart and other documents including any testimony or evidence from an expert witness in the field of medicine. Damages In a malpractice case damages compensate the victim for the losses he or suffered due to the medical professional's negligence. These damages can be categorized as economic (lost income and future medical expenses) and non-economic (pain and suffering). The damages an individual can be awarded depend on the laws of the state that govern his or her case. Most doctors in the United States carry malpractice insurance to protect themselves from lawsuits arising from malpractice. They are required to have it by a number of hospitals as a condition for hospital privileges, or by their employer. Certain medical professionals also have group malpractice insurance. Despite these protections many malpractice cases have to be argued before the courts. Medical negligence can cause serious injuries that have long-term effects on the patient's quality of life. This can include lost income as a result of a lack of employment and a rise in medical expenses and treatment expenses. Certain kinds of medical negligence can even cause permanent damage or even death. A doctor can be held accountable for a malpractice claim if the injured party can prove that the injury could not have occurred if the patient had been properly informed of the risks involved with a procedure. This proof standard is called "more likely than not" and is less stringent than the standard used 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 suit. This time period is determined by state laws and can vary depending on the type and date of the case. Some medical injuries are immediately evident, like broken legs or a head injury that has been traumatized. Other injuries may take months or even years to manifest. The statute of limitations in malpractice claims often begins when the patient discovers or should have been aware of the negligence or inability to cause harm. This approach is known as the discovery rule and it allows patients who may not have known of an error in medical care to pursue malpractice claims after the standard statute of limitations has expired. Some states have a pure discovery law, while others have hybrid rules that contain an upper limit or time frame for the patient to learn of the injury. If you or someone you love was injured due to medical malpractice, you should contact a lawyer immediately. Our law firm offers no-cost consultations and does not charge fees unless you succeed in your case. Hover over any state in the map below for more about a malpractice claim or click on a link for the most current laws.