The standards and regulations for medical malpractice differ
between states, and there are roughly 15,000-19,000 suits
filed against doctors every year in the United States. So what does medical
malpractice involve? At Legally Mine, we have the answers and can provide you
with the help you need.
The term “medical malpractice” refers to an event in which a
healthcare professional:
- Neglects
to provide appropriate treatment
- Omits
to take an appropriate action
- Gives
substandard treatment that causes harm, injury, or death
These errors can take place in diagnosis, treatment, medication
dosage, health management, or aftercare.
Requirement for a Medical Malpractice Suit
When it comes to medical malpractice suits, a number of factors
must be present in order for a medical malpractice suit to be valid.
- The
health care professional had a duty to follow certain standards of care.
- The
health care professional failed to adhere to certain standards of care.
- The
patient was injured or harmed due to the health care professional’s negligence.
- The
patient’s injury resulted in considerable damage such as disability,
death, ongoing hardship, considerable loss of income, substantial medical
bills, etc.
Examples of Malpractice
There are many types of cases that may result in a medical malpractice
suit. Here are just a few examples:
- A
patient not being informed properly, or not giving informed consent
- Misdiagnosis
or failure to diagnose
- Failure
to order appropriate tests or failure to act on test results
- Medication
mistakes or medication dosing mistakes
- Unnecessary
or incorrect surgery
- Premature
discharge
- Potentially
fatal infections contracted in the hospital
- Bedsores
or other injuries caused by neglect
- Serious
incidents caused by emergency incidents in the hospital
- Sexual
misconduct on the part of the healthcare provider
- Patient
committing suicide while in the care of healthcare staff
What Is Involved in a Medical Malpractice Case
Once the essential elements of a medical malpractice case are
established, the plaintiff initiates the suit by filing a lawsuit in a court of
law. The plaintiff and defendant then go through a discovery process where they
share information, request documents, and gather depositions and
interrogatories.
At this point, it will be determined if the suit will proceed to
trial or get settled out of court (if an agreement can be made). The plaintiff
may be awarded compensatory and punitive damages.
- Compensatory Damages: These cover economic damages such as medical
expenses, life care expenses, and loss of income. This amount usually
includes both past and future losses. Compensatory damages may also
include non-economic damages such as for the injury itself, psychological
and physical harm, and emotional distress.
- Punitive Damages: These are only awarded if the defendant is
found guilty of malicious or willful misconduct and compensates in
addition to actual damages.
It’s important to note that medical malpractice lawsuits are
expensive, time-consuming, and stressful to litigate. If the injury sustained
doesn’t result in long-term serious injury or death, it may not be prudent to
proceed with a case. Settling out of court may be a better option.
Get More Legally Mine Advice
As a medical professional or a patient, you may not know all the
protection you need to keep your assets safe, but Legally Mine does.
Proper and effective lawsuit protection is our specialty. For more advice on
how to protect yourself, contact Legally
Mine today.
