Lexprocess

MEDICAL MALPRACTICE CLAIMS

MEDICAL MALPRACTICE CLAIMS

Medical malpractice claims arise when a patient sustains damages as a result of negligent or substandard medical care provided by any medical provider such as a doctor, nurse, technician, therapist, hospital or medical worker. The “medical standard of care” is typically defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. Medical malpractice is a professional negligence by an act of commission or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient.

Basic factors in evaluating a claim

  • A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
  • A duty was breached: the provider failed to conform to the relevant standard care.
  • The breach caused an injury: The breach of duty was a proximate cause of the injury.
  • Resultant damages: Physical, emotional or financial

Statute of limitations

There is only a limited time during which a medical malpractice lawsuit can be filed. The time limits are set by statute in a common law. The length of the time period and when that period begins vary per jurisdiction and type of malpractice. Therefore, each state has a different set of time limits.

Necessity of Medical Expert Team

Medical malpractice cases always require a skilled medical expert or a team of medical experts to prove liability. Medical knowledge and analytical thinking are essential to analyze and summarize a medical malpractice case. Medical malpractice analysis requires data management skills, accurate documentation of medical records and highlighting core details.

With the help of medical chronologies and expert medical opinions, the challenges in winning a medical malpractice lawsuit are much easier. It allows tracking of clinical course and progression of the patient. It helps in scrutinizing deviations from the standard of care and substantiates the resultant damages. 

Our Expert team will do a detailed systematic examination that helps to summarize the essential facts and extract the pertinent information in the chronology and make it easier to read the even mountainous mass of medical records!!!

Leave a Reply

Close Menu