FAQs
Injury sustained from medical negligence, refusal to provide adequate and necessary medical care, or receiving care from a medical provider under misguidance.
Medical malpractice refers to the negligent or improper conduct of healthcare professionals, including doctors, nurses, surgeons, and other medical practitioners, that results in harm or injury to a patient. It occurs when a healthcare provider deviates from the accepted standard of care in the medical community, leading to substandard treatment or errors that cause harm to the patient. Medical malpractice cases can be complex, and they typically involve allegations of professional negligence. Here are key points to understand about medical malpractice:
- Elements of Medical Malpractice: To establish a medical malpractice claim, several key elements must generally be present:
- Duty: The healthcare provider owes a duty of care to the patient, which is a legal obligation to provide treatment that meets the accepted standard of care in the medical field.
- Breach of Duty: The healthcare provider failed to meet the standard of care by acting negligently, making mistakes, or deviating from established medical protocols.
- Causation: The breach of duty directly caused harm or injury to the patient. It must be proven that the patient’s injuries were a direct result of the healthcare provider’s negligence.
- Damages: The patient suffered measurable damages as a result of the medical malpractice, including physical injuries, emotional distress, medical expenses, lost wages, and other losses.
- Examples of Medical Malpractice: Medical malpractice can take various forms, including:
- Surgical errors, such as wrong-site surgery, incorrect procedures, or leaving surgical instruments inside a patient.
- Misdiagnosis or failure to diagnose a medical condition or illness.
- Medication errors, including prescribing the wrong medication or dosage.
- Birth injuries, such as injuries to the baby or mother during childbirth.
- Anesthesia errors, which can involve administering incorrect dosages or failing to monitor the patient adequately during surgery.
- Standard of Care: The standard of care in medical malpractice cases is typically established by expert testimony. Medical experts, such as other healthcare professionals in the same field, can provide opinions on what constitutes appropriate medical care under the circumstances.
- Statute of Limitations: Medical malpractice claims are subject to statutes of limitations, which vary by jurisdiction. These are legal time limits within which a patient must file a lawsuit after discovering or reasonably should have discovered the malpractice. Failing to meet this deadline can result in the loss of the right to sue.
- Medical Malpractice Lawsuits: If a patient believes they have been a victim of medical malpractice, they can pursue legal action by filing a medical malpractice lawsuit against the responsible healthcare provider or institution. These lawsuits seek compensation for the patient’s injuries and losses.
- Medical Malpractice Insurance: Many healthcare professionals and institutions carry medical malpractice insurance to cover the costs of potential lawsuits. This insurance helps ensure that patients who are harmed due to medical negligence can receive compensation for their injuries.
Medical malpractice cases are often highly complex and require legal expertise and medical knowledge to navigate successfully. Patients who believe they have been the victims of medical malpractice should consult with an experienced medical malpractice attorney to evaluate their case, determine its merit, and pursue legal action if appropriate.
When you sustain an injury due to medical malpractice, you have a right to seek compensation for your injuries. Whether this involves temporary or debilitating damage to your body, you have the right to receive proper and appropriate medical care.
When a hospital, doctor, nurse, or other type of medical provider works negligently, they will be held to the highest standard of law. These cases are notoriously complex to navigate, which is where our team can step in to provide assistance.