Medical Malpractice
Medical Malpractice Lawyers
Medical malpractice happens all too often. In fact, preventable medical errors are responsible for an estimated 220,000 to 440,000 deaths in the U.S. each year, making it the third leading cause of death. A medical malpractice lawyer can help you get money damages for your injuries.
What Is Medical Malpractice?
Medical malpractice, or medical negligence, is when a doctor or hospital fails to provide the appropriate standard of medical care and the patient is injured or dies as a result. Medical error alone is not necessarily enough to support a medical malpractice claim, however. Rather, in order to prove medical malpractice, you must be able to show the following:
- That you were owed a legal duty of care;
- That the medical provider did not comply with accepted standards of medical care; and
- That the medical provider’s deviation from accepted standards of medical care caused your injuries.
Common Types of Medical Malpractice Claims
If you have doubts about your medical care, you should contact a medical malpractice attorney to find out more about a possible medical malpractice lawsuit.
The following are some of the most common types of medical malpractice:
- Diagnostic errors. Missed diagnoses and delayed diagnoses are the most common type of medical error, making up approximately 10-20 percent of medical malpractice lawsuits. Diagnostic errors often lead to catastrophic results, including disability, serious injury, and death. In fact, an estimated 80,000 to 160,000 patients suffer permanent disabilities from misdiagnosis each year. Missed diagnoses are the most common diagnostic errors, following by delayed diagnoses and incorrect diagnoses.
- Medication errors. According to the National Coordinating Council for Medication Error Reporting and Prevention, medication errors injure approximately 1.3 million people in the U.S. each year. Some of the most common types of medication errors include: improper doses of medicine, giving the wrong drug, adverse drug interactions, and administering the drug incorrectly.
- Surgical errors. Research conducted at Johns Hopkins University indicates that surgical “never events†– those surgical errors that should never happen – occur at least 4,000 times a year in the United States. Common types of surgical “never events†include: instruments left behind in the patient, the wrong procedure being performed, surgery performed on the wrong body part, and surgery performed on the wrong patient.
- Hospital malpractice. Hospitals have various legal obligations to the patients that they treat, and the failure to provide the appropriate care can be medical malpractice. Common types of hospital malpractice include: the failure to hire doctors, nurses, or staff with adequate training; the failure to monitor a patient; communication errors between hospital staff; emergency room errors; and surgical errors.
- Obstetrical negligence. When a doctor, midwife, or obstetrician fails to provide appropriate medical treatment to a pregnant woman, both the mother and baby can suffer serious injuries or death. Obstetrical negligence can result in stillbirth, cerebral palsy, infection, loss of fertility, death of the baby, or death of the mother.
- Psychiatric malpractice. Like all doctors, psychiatrists owe their patients a duty of care, and the failure to provide the appropriate psychiatric treatment could amount to malpractice. Common types of psychiatric malpractice include: sexual misconduct, abuse of power, sharing information without patient’s consent, threatening the patient, failing to diagnose a psychiatric condition, and medication errors. One of the biggest challenges with a psychiatric malpractice case is that the patient may not report the negligent or inappropriate treatment in a timely manner, if at all. Many patients worry that their complaints will not be taken seriously so they might not tell anyone. An experienced medical negligence lawyer will listen to your complaints and concerns, help you determine whether you have a claim for psychiatric malpractice, help you file a medical malpractice lawsuit, and fight to get you money damages.
- Lack of informed consent. Not only are doctors required to get a patient’s consent for a medical procedure before performing the procedure, doctors are also required to tell their patients about the risks associated with any treatment, along with any other possible diagnoses or alternative treatment. If the doctor fails to give the patient adequate information, the doctor could be liable for medical malpractice due to the lack of informed consent.
Basics of Filing a Medical Malpractice Lawsuit
The victims of medical error often have several questions about their legal rights, and wonder whether it makes sense to file a medical malpractice lawsuit. It is important to understand that medical error alone is not enough to amount to medical malpractice. Similarly, it is not enough to show that you might have gotten different medical treatment from a different doctor. Rather, in order support a claim for medical malpractice, you must prove that the medical provider (whether a doctor, hospital, psychiatrist, or other healthcare provider) failed to provide medical treatment according to medically accepted standards of care. You must also be able to prove that your injuries are directly related to the defendant’s failure to provide the appropriate medical care.
If you choose to file a medical malpractice lawsuit, there are a number of steps that go into the process. For instance, a medical malpractice case will involve the following:
- A review of all medical records.
- A report from an expert supporting your case is obtained.
- A medical malpractice lawsuit complaint is filed.
- Both you and the medical provider will produce documents, answer questions, and be available for formal questioning by the other side’s attorney.
- A settlement may be reached.
- If settlement is not possible, the medical malpractice case will proceed to trial.
Although pursuing a medical malpractice case may seem overwhelming, a medical negligence lawyer will guide you through the process, help you understand your rights and options, and fight to get you money damages.
Medical Malpractice Damages
If you choose to file a medical malpractice lawsuit and are successful you may be able to recover the following money damages:
- Past and future medical expenses
- Past and future rehabilitation expenses
- Past and future lost wages
- Past and future pain and suffering
- Past and future emotional distress
Unfortunately, some states limit the amount of money you can receive for some damages, such as emotional distress or pain and suffering. These limits can prevent you from getting the money you deserve. A medical negligence lawyer in your state can help you understand whether your case would put a limit on the amount of money you can receive.
In a limited number of medical malpractice cases, you may also be able to recover damages to punish the medical provider for what happened to you. These damages are intended to punish the medical provider to prevent other people from being hurt or killed but certain states prohibit these damages in medical malpractice cases.
Get Money for Fatal Medical Errors
If a person dies as a result of medical malpractice, his or her family members may be able to get money in a wrongful death lawsuit. Although no amount of money can bring back a loved one, money damages can help ease the financial difficulties caused by the death and hold the negligent doctor or hospital responsible. A wrongful death lawsuit may provide money for the following: medical bills, funeral expenses, loss of future income and benefits, loss of future inheritance, loss of parental guidance, loss of spousal companionship, pain and suffering, and emotional distress. As discussed above, some states limit the amount that can be recovered in a wrongful death lawsuit so it is important to discuss any damages laws with your medical malpractice attorney.
Contact a Medical Malpractice Lawyer
It is important to contact a medical malpractice attorney as soon as possible if you think that you might have been the victim of medical negligence. Because there are strict time limitations on when an injured person can file a medical malpractice lawsuit, it is important to talk to a medical malpractice attorney as soon as you can. The time in which a person may file a medical malpractice lawsuit varies state by state. A medical malpractice lawyer will be able to determine the applicable time period.