How A Weekly Malpractice Lawsuit Project Can Change Your Life

What is a Malpractice Claim?

A malpractice claim is an action against a doctor to recover damages caused by a negligent treatment or diagnosis. To prove a medical malpractice claim, one must show that the doctor's actions were not in line with the recognized standard of care.

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

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 patients in the same manner as a doctor with the same type of knowledge and experience would under the same circumstances. If a physician fails to uphold the standard of care and a patient gets injured, then they may be liable for negligence.

The standard of care can differ from one doctor to another, based on a variety of variables. For instance, some physicians have a greater responsibility to warn patients of the dangers associated with certain procedures or treatments than others. The standard of care for patients may be different based on the nature and duration of the relationship between doctor and patient. For instance, a physician who is treating a patient in an emergency has a greater duty of care than a doctor who treats patients under a established doctor-patient relationship.

The determination of the standard of care in a claim for malpractice is often complicated and requires the help of an experienced attorney. Generally experts are utilized to give insight into the standard of care that is required in a particular case. Many people lack the understanding, skills or education necessary to establish the level of care based upon a medical treatment. Expert witnesses can help a judge determine if a doctor or medical professional has not met the standards of care.

Breach of duty

Doctors and other healthcare professionals have a responsibility to patients to provide them with appropriate and competent medical care. If medical professionals fail to meet this obligation, they could have committed malpractice. Most often, this is due to failing to follow the accepted medical standard of care. A broken arm, for instance is required to be x-rayed properly and then properly set before it can be placed in a cast. If a doctor fails to adhere to this procedure it could result in an infection, complete or partial loss of use of the arm and other complications.

A medical malpractice attorney will help you determine whether or not a healthcare professional didn't meet the standards of care for your particular health condition. This is known as breach of duty and is an important element in a perryton malpractice attorney case. You must demonstrate that the healthcare provider's actions or inactions fell short of the standard of care required for your condition and caused you harm.

This aspect requires a certified expert who can discuss the actions or inactions of the healthcare provider directly causing your injury. Your lawyer will review all medical records and documentation including any expert witness testimony or evidence.

Damages

In a malpractice case, damages compensate the victim for the loss he or suffers as a result the medical professional's negligence. The damages can be either economic (lost wages or future medical expenses) or non-economic (pain and suffering). The 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 safeguard them from malpractice claims. They are required to do this by a number of hospitals as a condition for hospital privileges or by their employer. Some medical professionals also have group insurance coverage. Even with these protections, many malpractice cases continue to be handled by the courts.

Medical negligence can cause serious injuries, which can have long-term effects on the patient's quality of life. This could mean losing income due to missed employment and increased medical costs and treatment expenses. Some medical negligence can cause permanent disfigurement or even die.

A physician can be liable for an action for malpractice if the victim can prove that the injury would not have occurred had the patient been properly informed of the dangers associated with a procedure. This standard of proof is called "more likely than not" and is less invasive than the standard used in criminal cases, which requires a higher degree of evidence.

Statute of limitations

A statute of limitations acts like a legal stopwatch that tracks the amount of time you have to make a claim. This period is based on the laws of each state and can differ significantly based on the type of case and the date it was discovered.

Certain medical injuries are instantly visible, such as fractured legs or a traumatic head injury. Other injuries can take a long time to manifest. This means that the time limit for a malpractice claim often begins when patients realize or should have realized the negligence or omission that led to their harm.

This method is referred to as the discovery rule and it allows patients who might 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, whereas others have hybrid rules that include a cap or time limit for the patient to discover the injury.

If you or someone you love suffered a traumatic injury as a result of medical malpractice, contact an attorney right away. Our law firm is available for free consultations and does not charge a fee unless you succeed 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.