What is a Malpractice Claim?

A Westchester malpractice lawsuit claim is an action against a doctor for the harm caused by negligent diagnosis or treatment. 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 show that the doctor's negligence directly contributed to their injuries. This requires evidence, like medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor is required to follow the medical standard of care. This means that they must treat patients the same way as doctors with the same type of knowledge and experience would in the same circumstances. If a physician fails to meet the standard of care and a patient gets hurt the doctor could be held accountable for negligence.

The standards of care vary between a medical professional and another, based on different factors. Certain doctors, for instance are required to inform their patients of the risks associated with certain treatments or procedures. The standard of care for patients can also differ based on the nature of the relationship between doctor and patient. A doctor who is treating an emergency patient is more accountable for care than a doctor who has an established doctor-patient relation.

It is difficult to determine the level of care if a malpractice claim has been filed. An experienced attorney can help. Generally, expert witnesses are used to provide information about the standard of care that is required in the specific case. Most people lack the knowledge and skills or the education needed to judge the standard of care in a medical treatment. Expert witnesses can help a judge assess whether a doctor or other medical professional has fallen below the standard of care.

Breach of duty

Doctors and other medical professionals are obliged to their patients to provide them with fair quality medical care. Any healthcare professional who fails to perform this duty could be guilty of malpractice. This can be due to failing to adhere to accepted medical standards of care. A broken arm, for example requires x-rays that are done correctly and then set properly before it can be placed into a cast. If a doctor doesn't adhere to this procedure, it could lead to an infection, complete or partial loss of use of the arm and other complications.

A medical malpractice attorney can help you determine whether or not a healthcare professional did not meet the standard of care for your particular condition. This is referred to as breach of duty and is one of the most important aspects of a malpractice claim. You must prove that the healthcare provider's actions or inactions were not within the standard care for your condition and resulted in harm to you.

This element requires a qualified expert who can explain the actions or inactions of your healthcare provider that directly caused your injury. Your lawyer will examine all documentation and medical records, including any expert witness testimony or evidence.

Damages

In a malpractice case damages are awarded to the victim to compensate for the losses he or she has sustained because of timeo.com/709778731">wilkes barre malpractice lawyer case typically begins when patients realize or should have realized the negligent act or omission that caused their injury.

This method is referred to as the discovery rule and it permits patients who may not have been aware of an error in their medical care to pursue malpractice claims after the standard time limit has expired. Some states use a pure discovery rule, whereas other states have hybrid rules for discovery which have a limit or cap on the time frame that a patient must wait to find out about an injury.

Get in touch with a lawyer as soon as you or someone you have loved has been injured due to medical malpractice. Our law firm offers free consultations and no cost unless we are successful in settling your case. Select a state on the map below to find out more about a malpractice claim, or click on a link for the most current laws.