Medical malpractice is part of personal injury law. Medical malpractice occurs if a doctor, hospital or other healthcare worker fails to provide treatment consistent with accepted medical standards. Comparison of performance is made with other professionals in the same field.
Medical malpractice can include a negligent act while treating a condition or a failure to take appropriate action for a medical condition. Common medical malpractice actions may include a failure to diagnose or a misdiagnosis of a disease, delaying treatment for a medical condition or not treating a medical condition correctly.
Prove Medical Malpractice and Negligence!
In order to prove medical negligence you must prove breach of care, causation of the injury and damages.
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.
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.
Damages - 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.
Types of Medical Malpractice Compensation
Compensatory damages are awarded to individuals who win their medical malpractice lawsuit. Compensatory damages can be awarded for economic losses as well as non-economic losses. Economic losses can include medical bills, lost wages, and rehabilitation costs. Non-economic losses can include any type of pain and suffering that the injured party suffered due to the medical malpractice. This type of loss is more difficult to calculate.
In addition to compensatory damages the courts may require punitive damages be paid to the injured party. These damages are to "punish" the defendents who are responsible for the injuries.
Do I have a solid Medical Malpractice Case?
Not every bad surgical outcome or medical mistake means there is a medical malpractice case. In order to prove medical malpractice it must be proven that the doctor or other health care provider was negligent in some way and this negligence resulted in injury and damages to the patient.
Medical malpractice is an act or a failure to act on the part of a health care provider which results in injury. This breach of care is an action which another medical member would not have taken in a similar situation. You must also prove that it was this breach of duty which caused the injury. This means that the patient would not have been injured if the mistake had not been made.
Finally, the patient must prove damages. Damages could include lost wages, pain and suffering, medical bills or death. If the person has not suffered damages then there probably is not a basis for a medical malpractice claim.
Do I need a Malpractice Attorney?
And yes, hiring a medical malpractice lawyer is a very wise decision. Medical malpractice law can be very complicated. Often medical experts are needed to determine if you have a valid claim. Experts can review all the details and discuss all the circumstances of the injuries. A medical malpractice attorney familiar with medical malpractice can help gather evidence and evaluate your medical malpractice claim.
Generally there is a statute of limitations to file your personal injury claim. The statute of limitations can vary depending on the nature of your injuries and the state where you live. It is important to contact a malpractice lawyer who is familiar with the medical malpractice laws for your state.
If you have suffered injury or loss of life of a loved one you are entitled to compensation. Compensations could include payment for lost wages, medical bills and pain and suffering. Fill out the case evaluation form for a free evaluation of your medical malpractice claim.