What is a Malpractice Claim?

A malpractice claim is a suit against a medical professional for injury caused by a negligent diagnosis or treatment. To prove a medical malpractice case it is necessary to prove that the doctor's treatment was not in accordance with the accepted standard of care.

Patients must be able to prove that the doctor's negligence caused their injuries. This requires evidence, like medical bills and pay stubs. Expert testimony is also required.

Duty of care

A doctor has a responsibility to follow the medical standard of care. This means they must treat patients in the same manner as doctors with the same knowledge and experience would under similar circumstances. If a doctor fails the standard of care and a patient suffers injury, they may be held accountable for malpractice.

The standards of care vary from one doctor to one another, based upon various factors. Certain doctors, for instance are more likely to inform their patients of the risks associated with certain procedures or treatments. The standards of care could also change depending on the nature of the relationship between doctor and patient. Doctors who treat patients in emergency has a higher standard of care than one who has an established doctor-patient relation.

It can be difficult to determine the standard of care when a malpractice claim has been filed. An experienced attorney can assist. Expert witnesses are often employed to help determine the standard care in an individual case. This is due to the fact that most people lack the skills, knowledge or education to decide the standards of care that should be dependent on the medical treatment. Expert witnesses can help a judge determine whether a doctor or another medical professional has slipped below the standard of care.

Breach of duty

Medical professionals and other healthcare professionals are required by patients to provide reasonable and competent medical care. If medical professionals fail to live up to this obligation, they could have committed a crime. This is often a result of not adhering to the accepted medical standard 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 does not follow this procedure, they could cause an infection or loss of arm use and other complications.

A medical Redmond Malpractice Lawsuit lawyer can assist you in determining whether or not a healthcare provider did not meet the standard of care for your particular health condition. This is known as breach of duty, and it's one of the most important elements in a malpractice claim. You must show that the healthcare professional's actions or inactions were not up to the standard of care for your condition and caused you harm.

This requirement requires proof from a qualified expert witness, who will clarify how the healthcare professional's actions or inactions violated the standards of care for your condition and resulted in your suffering injury. Your lawyer will examine all medical records and documentation including any expert witness testimony or evidence.

Damages

Damages in a case of malparm.

This method is referred to as the discovery rule and it allows patients who might not have known of an error in medical care to pursue noble malpractice lawyer claims after the standard time limit has expired. Some states have a pure discovery law, while other states have hybrid rules, which include the time limit for the patient to discover the injury.

Get in touch with a lawyer as soon as you or someone you have a special relationship with has been hurt by medical negligence. Our law firm provides free consultations and does not charge a fee unless you are successful in your case. Select a state on the map below for more about a malpractice claim. Or click a link to learn more about current laws.