Medical Malpractice 101

Medical malpractice occurs due to the negligent act, error, or omission of a health care provider, resulting in sustained injuries or death of the patient. Common categories for medical malpractice cases include failure by a health care provider to follow standard operating procedures, improperly diagnosing a medical condition, and failure to prevent injury to mother and childduring birth.

 

If a patient has sufficient grounds to sue for negligence of the doctor or other responsible parties, and if such parties refuse to admit liability and pay damages out of court, then legal action usually follows. A given action resulting in injuries to the patient involving medical negligence needs to be handled through documentation and demands for other damages and losses.

 

To be successful in a medical malpractice lawsuit, the plaintiff needs to prove, by preponderance of evidence (meaning it is more likely than not), that the healthcare provider breached a legal duty owed to the plaintiff, resulting in injury and damages. For patients, having a legal counsel to prepare, file, and litigate a medical negligence claim is a critical element in obtaining any form of favorable recovery.

 

Specifically, the patient must show, with the help of an Oakland medical malpractice attorney, that the healthcare provider owed a duty to the patient (which arises when the plaintiff enlists care, services, or treatment from the healthcare provider). It must also be proven in court that the healthcare provider breached this duty by failing to provide care expected of a healthcare provider and that this failure was the direct cause of the plaintiff’s injuries.

 

A plaintiff, through an Oakland medical malpractice attorney, may bring a medical malpractice case against healthcare providers. The employer of such healthcare providers, such as the hospital or clinic, may also be sued under the theory of respondeat superior (meaning, “let the master answer”). This theory, which provides for liability of the healthcare provider’s employer, may be used when the defendant was, at the relevant time, an employee acting within the scope of employment.

 

The most obvious and easily remedied damages in medical malpractice claims are financial losses and other costs incurred by patients because of their injuries. Other items such as loss of wage, costs of medical and rehabilitative treatment, and other damages may also be claimed under the suit. Obtaining the services of an Oakland injury lawyer ensures that the offended party obtains rightful compensation.

Medical Malpractice Cases

An incidence of medical malpractice can be a difficult matter to prove. Recent statistics indicate that almost two-thirds of all cases result in victory for the defendant. The attorney is required to prove both negligence on the part of the caregiver, and damage or loss as a result of this negligence. Despite the difficulty this often presents, the prevalence of large malpractice insurance policies demonstrates that doctors and large healthcare providers are not too eager to take any risks.

The most common situation that could result in a medical malpractice case is that of risky procedures or treatments given to a patient during a hospital stay. Hospitals are generally liable for any actions undertaken by any of its employees, obviously including any negligence on the part of a doctor or care provider.

The risks of incurring a malpractice case become even greater when one considers that malpractice is not always based on what a doctor might have done, but also what he or she did not do. For example, take the Polk County Florida case in which the family of a thirty-one year old wife and mother was awarded .75 million due to an undiagnosed, and subsequently fatal heart disease. In this case, the court did not find a direct cause-and-effect relationship in which the doctor in question misdiagnosed, made an error in surgery or otherwise injured the patient. He or she simply failed to make the diagnosis of a heart condition that would result in the woman’s death. After it was determined that that doctor displayed negligence in omitting this diagnosis, that a reasonable person could assume that the proper diagnosis both should have been made, and that this would have avoided the patient’s death, the case was ruled in favor of the plaintiff.

Despite the above example –and the many like it that occur each year in hospitals in Florida and across the country – courts usually find medical malpractice cases in favor of the defendant (the doctor or hospital, etc.). Nevertheless, with damages often reaching into the millions with each finding of medical malpractice, doctors and healthcare providers approach medical malpractice cases with the utmost concern – and a hefty insurance policy.

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Malpractice Suits Go To Trial?

It is a federal and state law that those who have been neglected by a medical professional whether he or she is a doctor, nurse or any other medical staff are subject to taking legal action to file a medical malpractice suit.

 

  Some compensation that can be recovered includes:

 

Medical costs, past and future
Lost wages (past and future)
Mental anguish
Other related losses

 

Time Restrictions for Medical Lawsuits

A person who has been injured because of medical negligence has rights that need to be protected.  This can be done by contacting an attorney right away.  A medical malpractice claim needs to be filed within the statute of limitations.  There is a time limit that each state has requiring a victim to file a claim before the legal deadline.  Failure to file within these deadlines a victim may lose any rights for compensation.

 

Do You Have a Medical Malpractice Case?

Take your claim to a knowledgeable attorney for evaluation.  They can verify if you have a medical malpractice case.  Attorneys will determine if negligence is the reason for your injury.  Speak with an attorney if you suffered an injury due to the following:

 

A doctor's mistakes - this can involve surgery, medication, analysis, treatment, labor and delivery, etc.
A nurse's mistakes - this can involve administrating medication, IV insertion, not following doctor's orders, and performing job duties when they are not qualified to do so
Lab errors - tests were misinterpreted

 

Medical malpractice comes in many forms.  If you suspect your injury is due to neglect of your doctor, it is beneficial for you to speak with a professional attorney today.

 

Not All Malpractice Suits Go To Trial

The costs to take a case to trial are high and the amount of time spent is drawn out.  Many individuals prefer to settle out of court because of this reason.  If you have any questions about filing a medical malpractice suit, contact an attorney who is skilled in this area.  There are qualified attorneys with many years experience in malpractice cases.

 

Questions about a Medical Malpractice Suit

 

If you have any questions about filing a lawsuit in your medical malpractice claim, contact a medical lawyer.  A lawyer will evaluate your case free of charge.  If it is determined medical negligence is the cause, they will advise you of your legal rights.