Medical malpractice is an act or a failure to act on the part of a health care provider which results in injury. The act or failure to act must deviate from the accepted standards of the medical community.
A legal duty exists when a hospital or health professional treats a patient. In order to prove medical negligence you must prove breach of care, causation of the injury and damages. A breach of care occurs if the medical staff member made a mistake which another doctor or nurse would not have made under similar circumstances. This could be difficult to prove with out another expert witness to testify against the doctor.
In addition to breach of care, you must prove causation. Causation can be proven if the breach of duty was the proximate cause of the injury. Causation means that if the doctor had not made the mistake then the patient would have gotten better.
Finally, you must show what damages resulted from the injury. Damages can include lost wages, pain and suffering, death of a loved one or cost of the medical bills. If a patient has suffered no damages then there is not a basis for a claim of negligence.
If breach of care, causation of the injury and damages are present, you may have a medical malpractice claim. If you win your personal injury case you are entitled to compensation. Compensation may include payment for medical bills, lost wages or medicine. Compensation may also be awarded for other non-monetary losses. These losses may include pain and suffering that resulted from your injuries.
More About Anesthesia Errors
Injured in a car accident in Los Angeles?
Los Angeles, California, is one of the largest metropolitan cities in the United States with a population of over 10 million citizens. Everyday someone is injured in a car accident and suffers severe injuries. Common car accident injuries can include traumatic brain injuries, spina...
Health-Care Reform Must Serve Patients, Not Lawyers - Philadelphia Bulletin - 03.12.10
Food-borne illness prevalent and US should do more - WSU Today - 03.12.10
Morgan and Morgan Helps Individuals Find Personal Injury Lawyers - Emailwire (press release) (blog) - 03.12.10