Understanding Medical Malpractice
Definition and Types of Medical Malpractice
Medical malpractice occurs when a healthcare professional acts with negligence, leading to harm to a patient. This negligence can manifest in various forms, such as misdiagnosis, delayed diagnosis, surgical errors, and failure to treat appropriately. For instance, misdiagnosis or delayed diagnosis can significantly impact patient outcomes, often worsening the condition due to incorrect or delayed treatment [1] .
Common Examples of Medical Malpractice Cases
Several scenarios exemplify medical malpractice, including surgical mistakes and birth-related injuries. Surgical errors may involve wrong-site surgery, unnecessary procedures, or leaving surgical instruments inside the patient. In the context of childbirth, negligence can result in severe injuries such as cerebral palsy or brachial plexus injuries due to improper use of assistive devices or inadequate monitoring [2] . Additionally, cases involving defective medical devices that cause harm, or failure by medical professionals to use sterile instruments, also constitute medical malpractice [2] [1] .
Steps to Take If You Are a Victim of Medical Malpractice
Documenting Evidence
When one suspects medical malpractice, it is crucial to promptly gather and preserve all relevant evidence. This includes securing copies of all medical records, which may comprise hospital logs, diagnostic images, and exam evaluations [3] . Additionally, maintaining a personal injury journal documenting daily health status can significantly support claims of non-economic damages such as pain and suffering [3] . It's advisable to obtain these documents quickly as the liable party may alter or destroy them [3] .
Consulting a Medical Malpractice Lawyer
Consulting with a skilled medical malpractice lawyer is essential. During the initial consultation, it's important to provide the lawyer with all pertinent medical records and details of the incident [4] . A lawyer will assess the viability of the claim and guide through the legal intricacies, potentially consulting medical experts to corroborate the claim [4] . They handle all correspondence with the opposing parties and negotiate for a fair settlement, or prepare for trial if necessary [3] [4] .
Filing a Claim
Filing a medical malpractice claim involves several critical steps. Initially, contact the medical professional involved to discuss the possibility of rectifying the issue. If this is unfruitful, contacting the relevant medical licensing board may be the next step as they can issue warnings or discipline the practitioner [5] . Understanding the statutes of limitations is crucial as it dictates the timeframe within which one must file a claim to be eligible for compensation [5] . If the decision is to proceed with a lawsuit, one must gather all evidence, identify the appropriate court, and file the necessary paperwork [5] .
What to Expect During a Medical Malpractice Case
Legal Procedures
When pursuing a medical malpractice case, the plaintiff must first establish a good faith belief that medical negligence occurred, often supported by a pre-suit expert affidavit [6] . The legal journey begins with notifying the defendant through a pre-suit notice, which sets the stage for the insurance company's pre-suit investigation [6] . If negligence is acknowledged, settlement discussions may commence, potentially avoiding court. However, if the claim is rejected, the plaintiff may proceed to file a lawsuit, leading to a series of legal steps including depositions and possibly a trial [6] .
Potential Outcomes
The outcomes of medical malpractice cases can vary significantly. Statistics show that physicians win 80% to 90% of jury trials with weak evidence of negligence and about 50% of trials with strong evidence of negligence [7] . Settlements are more likely when negligence is clearly demonstrated, and the quality of care is judged unfavorably [7] . In cases that go to trial, the financial implications for physicians can be substantial, affecting their malpractice insurance premiums and possibly their professional standing [6] .
We Get Results
At our office, you can trust that we never settle for less than the best as seen in the many settlements and verdicts our former clients received. These cases resulted in millions of dollars, so choosing one of our attorneys means you obtain qualified legal assistance and the peace of mind that can support you during this challenging time.
Michael C. George is a member of the Million Dollar Advocates Forum. He is highly qualified to take on even the most complex personal injury cases. Additionally, this Florida medical malpractice attorney has taken on some of the largest insurance companies nationwide.
Medical Malpractice Injuries
The Journal of the American Medical Association (JAMA) states that medical negligence is the third leading cause of death in the US, standing just behind heart disease and cancer. Malpractice occurs when a health-care provider deviates from the agreed-upon "standard of care" while treating his or her patient. Standard of care is the action a "reasonably prudent medical provider" would do under the same circumstances.
Types of injuries suffered by patients because of physician negligence include:
- Maladies due to an incorrect dosage of medicine
- Death because of being turned away by hospital staff due to lack of insurance
- Leaving operating tools or materials in a patient after the operation is complete
- Bed sores, dehydration, or abuse in nursing home facilities
- Misunderstanding operation location sites
- Misdiagnosing, and more
What Parties are Liable?
If medical malpractice takes place, the liability can fall on any of the following:
- Doctor in Charge
- Nurses
- Hospital Staff
- Therapists
- Physical Therapy Agents
- Nursing Home Aides
- Anesthesiologists
- Pharmaceutical Companies
- Other Health Care Workers
In some cases, a hospital can be vicariously or directly liable for omissions or acts of contractors (sometimes doctors) it retains.
What Damages Will I Recover Due to Medical Malpractice?
Bringing a medical malpractice action includes the duty owed by a physician to his or her patient. Departure, proximate cause, and damages address how a failure to practice standard of care caused harm to the plaintiff. Medical malpractice damages can take the form of:
- Disfigurement
- Mental Anguish
- Pain
- Loss of Consortium
- Loss of Enjoyment of life
- Aggravation of a Pre-Existing Condition
- Medical Bills, both Present and Future
- Loss of Income
- Children's Loss of Guidance from a Parent
- And More...
According to Physician's Weekly, "General and special damages are called "compensatory damages" because they are designed to "make the plaintiff whole" – to compensate them for the actual extent of the harm that they suffered. Punitive damages, however, are unrelated to that calculus. They are what they sound like: punishment. They are damages assessed against a defendant whose negligent conduct was egregious or highly reckless, or whose misconduct was actually malicious or intentional."
How Does a Plaintiff Receive Compensation?
So-called experts may be asked to represent the defendants. They will try to show that medical statistics and research prove that your case is not viable. Doctors, insurance companies, and hospitals will attempt to show your injury did not occur because of malpractice. If we fight your case and win a settlement or a verdict, we will then compete to obtain your best possible damages.
Once damages are decided, the case is complete. The legal system of the US is respectful to the finality of a jury trial. Most medical malpractice cases, however, are settled out of court.