Medical Malpractice Lawsuit
Summary: This article covers medical malpractice lawsuits including the causes, types of negligence, factors needed to file a claim and the importance of contacting an experienced medical malpractice lawyer as soon as possible.
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. If you or a loved one were injured due to physician or hospital negligence you may be entitled to compensation. Contact an experienced medical malpractice lawyer to learn more about your legal rights.
Causes of Medical Malpractice
A medical malpractice lawsuit can be brought against medical professionals for any of the following causes:
- Failure to diagnose
- Failure to disclose diagnosis
- Improper diagnosis
- 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
Types of Negligence
There are several types of medical malpractice injuries. The most common types of medical malpractice that lead to lawsuits include:
- Cerebral Palsy
- Erb’s Palsy
- Birth Injury
- Spina Bifida
- Nerve damage
- Spinal Cord Injury
- Organ damage
- Blood Clots
- Quadriplegia and paralysis
- Traumatic Brain Injury
- Wrongful death
Elements of a Medical Malpractice Case
To file a lawsuit, your medical malpractice attorney 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, your medical malpractice lawyer 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 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.
Contact an Attorney
If you or a loved one were a victim of medical malpractice you may be entitled to compensation for your injuries. Contact an experienced medical malpractice lawyer to learn more about your legal rights.