Medical Malpractice and Personal Injury Claims
Most people think specifically of specialists such as surgeons making mistakes during surgery.
However, medical malpractice can cover anything that constitutes a failure to adhere to accepted medical care standards.
The scope of medical malpractice can cover other employees of a health care provider as well.
Proving Medical Malpractice Like most other injury claims, medical malpractice generally falls into the category of negligence.
An injured plaintiff must be able to prove the following in a medical malpractice suit: •Duty of Care and Breach: -The injured person must show that the medical practitioner owed a duty of care, and that they breached (violated) that duty of care.
Doctors always have a duty of care when they treat patients.
Specialists are held to a higher standard of care, which is the level of care for that specialized field -The plaintiff must also be able to prove that the duty of care was breached.
Breach may occur by an affirmative act (such as prescribing the wrong medicines) or by a failure to act (such as failing to do research on side effects) •Actual Injury caused by the Breach: The person filing a claim must be able to prove that the breach led to an actual injury.
The injury cannot be imagined or involve potential future injuries.
The breach must be the cause of the injury.
•Statute of Limitations- timely filing: The claim should be filed according to the proper deadline, which varies from state to state Different Types of Common Medical Malpractice Cases Medical malpractice claims can cover a huge array of different claims.
Some common claims involve: •Errors in prescribing medicines •Failure to make a proper diagnosis •Any delays in administering treatment •Failure to perform the correct surgery/ performing the wrong surgery •Failure to warn of side effects •Errors regarding the administering of anesthesia, especially those involving loss of consciousness Challenges in Pursuing a Medical Malpractice Suit Medical malpractice claims can be more complicated and time-consuming than any other types of injury claims.
This is due to several reasons, such as: •Every person is different.
Treatments for the same condition can be different for each patient, for example, some are more hypersensitive to anesthesia than others •Proving causation can be difficult.
Patients often pass from one medical expert to another, so it can be hard to sort out what each doctor or nurse did •The medical industry has been historically overwhelmed by fraudulent or frivolous malpractice suits.
Health care providers are wary of dishonest suits and are prepared to defend against unsupported claims •Medical experts are often unwilling to admit that they made an error since their livelihood depends on a good reputation In spite of these challenges, you should not hesitate to consult a lawyer if you feel that you have a viable claim.
This is especially true if you have been severely mistreated or cannot otherwise settle a claim.
Points for Consideration Medical malpractice issues can be demanding because the person is usually in the midst of recovering from whatever injury they were being treated for in the first place.
In the event that you have suffered from medical malpractice, make your best efforts to remember the following: •Understand the legal elements that are required to prove medical malpractice in court.
If you cannot satisfy all the elements, it will be difficult to succeed in a court of law •Make reports of any errors or mistakes made by medical personnel.
Be sure to include names, dates, any witness information, and detail of the facts.
You may wish to provide your own medical history and background •Keep copies of any medical bills, receipts, and treatment reports