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Lawyer Directory. Call us at 1 A negative treatment outcome doesn't mean your health care provider has committed medical malpractice. When It Might Be Medical Malpractice All legitimate medical malpractice cases have one thing in common: the health care provider's action or inaction fell short of the appropriate standard of care under the treatment circumstances. Medical Negligence Medical negligence occurs when a doctor or other health care professional provides sub-standard care to a patient—in other words, the health care professional fails to provide the type and level of care that a prudent, local, similarly-skilled and educated provider would act with in similar circumstances.
Recklessness It's a rarity in the medical world, but in some instances a doctor's action or inaction may be considered reckless.
When It's Probably Not Medical Malpractice These scenarios on their own likely won't amount to a viable medical malpractice case. The Patient's Condition Gets Worse A doctor cannot be said to have committed medical malpractice simply because a patient's condition became worse during the course of treatment.
The truth is that punitive damages are generally awarded in less than one percent of medical malpractice cases. Medical malpractice can take many forms. Malpractice can be committed by any health care professional, including doctors, nurses, pharmacists, office staff, and more. Malpractice can be a result of a failure to diagnose a problem, a misdiagnosis, improper treatment, a medication error, a surgical error, a failure to follow up, or many more causes.
Medical malpractice could result in a complication or disability, either temporary or permanent, or death. Victims of medical malpractice are entitled to compensation for their injuries. This includes compensation for all medical bills and other emotional damages that the experience caused the patient. Misdiagnosis or failure to diagnose is the most common form of malpractice. This represents a very basic form of negligence in which the physician does not properly examine the patient or waits too long to form a diagnosis.
This can be extremely dangerous in time-sensitive situations. Surgical errors are also a form of medical malpractice. Simple accidents can have lasting consequences, sometimes even leading to fatality. Though these issues might not seem likely to happen — they do. Personal injury claims offer protection to survivors in these situations.
Birth injuries occur during the birthing process, with the infant being the victim. Birth injuries often result in nerve damage and other lifelong ailments like Cerebral Palsy. Improper medication administration is another potentially fatal form of medical malpractice. Faulty follow-up is not as severe as the previously mentioned forms of malpractice, but it can still be dangerous to the patient.
In , Johns Hopkins scientists suggested that medical errors should rank as the third leading cause of death in the U. Measures that have reduced the incidence of infringements by hospitals include the establishment of guidelines for best practice, and sustained implementation of hand hygiene rules. If the patient does not give informed consent to a medical procedure, the doctor or health care provider may be liable if the procedure results in harm or injury, even if it was carried out perfectly.
If a surgeon does not inform the patient that a procedure involves a percent risk of losing a limb, and the patient loses a limb, the doctor will be liable, even if the operation was done perfectly.
This is because the patient may have opted not to go ahead if they had been informed of the risks. The plaintiff is the person who complains. In legal terms, the plaintiff is the person who brings a case against another in a court of law, the person who initiates the suit, the one who is suing.
The defendant is the party who is being sued. In a medical malpractice suit it is the health care provider. This could be a doctor, a nurse, a therapist, or any medical provider. The prevailing party is the party who wins the case, whether the plaintiff or the defendant. If the defendant wins the case, the plaintiff has lost and will receive no compensation. The plaintiff has to prove that four elements existed in order to succeed in a medical malpractice claim:. Before the trial begins, the plaintiff and the defendant have to share information through discovery.
This may include requests for documents, depositions, and interrogatories. The parties can settle out of court, if they come to an agreement. In this case, the case will not go to trial. If they do not agree, the case will proceed to trial. In most trials, both the defendant and plaintiff will present experts to explain what standard of care was required.
The fact-finder must then consider all the evidence and decide which party is the most credible.
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