Legally Mine Reviews What is Involved in Medical Malpractice

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.

1. The health care professional had a duty to follow certain standards of care.
2. The health care professional failed to adhere to certain standards of care.
3. The patient was injured or harmed due to the health care professional’s negligence.
4. 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.