Medical Malpractice
Medical malpractice occurs when a healthcare professional, including physicians, nurses, dentists, or other medical personnel, fails to provide services within the accepted standards of care and causes injury, harm or death to a patient. Medical malpractice can result from errors in diagnosis, treatment, surgery, or medication, and can also be caused by failure to diagnose or treat a medical condition altogether. Some common examples of medical malpractice cases include:
- Surgical errors
- Misdiagnosis or delay in diagnosis
- Birth injuries
- Failing to obtain informed consent
- Prescribing the wrong medication or dosage
- Failure to diagnose cancer
In order to pursue a medical malpractice case, the plaintiff must be able to prove four elements:
- A duty of care existed between the healthcare professional and the patient.
- The healthcare professional breached that duty of care.
- The breach of duty caused injury or harm to the patient.
- The injury resulted in damages such as medical expenses, lost wages, or pain and suffering.
It is important to note that not all medical errors or adverse outcomes constitute medical malpractice, as the healthcare professional must have acted below the standard of care for their profession.
There may be limitations or exceptions to pursuing a medical malpractice case, depending on the jurisdiction and specific circumstances of the case. For example, some states have imposed caps on damages that can be recovered in medical malpractice cases or require plaintiffs to undergo pre-suit notice and review procedures before filing a lawsuit. It is important to consult with a licensed attorney in the relevant jurisdiction to evaluate the specific facts and circumstances of a potential medical malpractice case and determine the best course of action.
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