Medical Malpractice
The term medical malpractice refers to any medical error made by a medical professional (e.g. surgeon, physician, pharmacist, etc.) that leads to an injury or death. Medical malpractice occurs when medical personnel fail to perform their duties in a way that meets the standards of conduct for the medical profession. For example, a physician who prescribes the wrong medication can be found negligent because all doctors are expected to possess the knowledge needed to correctly prescribe medication.
Causes of Medical Malpractice
Medical malpractice cases can be brought against medical professionals for any of the following causes:
- Failure to diagnose
- Failure to disclose diagnosis
- Improper diagnosis
- Medication or prescription errors
- Surgical errors (e.g. incorrect incision, amputation)
- Surgical instruments left inside patient after surgery
- Contaminated surgical instruments
- Lack of informed consent
- Anesthesia errors
- Birth Trauma
- Postoperative infections or care
- Abandonment
Types of Medical Malpractice
There are several types of medical malpractice injuries. The most common types of medical malpractice include:
- Cerebral Palsy
- Erb’s Palsy
- Birth Injury
- Spina Bifida
- Nerve damage
- Spinal Cord Injury
- Organ damage
- Blood Clot
- Paraplegia
- Quadriplegia and paralysis
- Traumatic Brain Injury
- Wrongful Death
Elements of a Medical Malpractice Case
To file a medical malpractice lawsuit, the plaintiff must prove by a preponderance of the evidence (meaning, more likely than not) that the health care provider breached a duty owed to the plaintiff, causing the injury and damages to plaintiff. Specifically, the plaintiff must show the following:
- The health care provider owed the plaintiff a duty. This duty arises when the plaintiff enlists services, care or treatment from provider
- The health care provider breached the duty owed to the plaintiff by failing to meet the standard of conduct of the medical profession, and
- This failure caused an injury
Filing a Medical Malpractice Lawsuit
Medical malpractice lawsuits are intended to provide financial compensation for your injury, as well as for associated losses like hospital bills, time off work and pain and suffering.
If you are considering filing a lawsuit, it is important to be aware that medical malpractice lawsuits generally have a set time limit within which a claim must be filed, referred to as statute of limitations. The statute of limitations differs in every state depending upon the nature of injury.
For example, in some states a person has eight years to file a lawsuit for an injury sustained during birth. However for some medical malpractice injuries you may have as little as two years to file a claim. Therefore it’s important to consult with a lawyer to learn about the restrictions and particulars pertaining to your specific case.
Medical Malpractice Attorney
If you are considering filing a lawsuit, it is important to seek an experienced medical malpractice attorney that is familiar with your states laws.