MEDICAL MALPRACTICE
Common Issues
- Failure to diagnose or misdiagnosis
- Misreading or ignoring laboratory results
- Unnecessary surgery
- Improper medication or dosages
- Surgical errors
- Disregarding or not taking appropriate patient history
- Premature discharge
About Medical Malpractice
Medical negligence (also known as medical malpractice) occurs when a medical professional’s behavior doesn’t meet the appropriate standard of care, and the patient suffers injury or loss. If there’s a breach of this duty, then the patient may be entitled to make a medical negligence claim.
Know Your Rights
Medical malpractice is a common occurrence in the United States. According to a recent report from Johns Hopkins University, medical malpractice is the third most common reason for death in the country, accounting for 225,000 deaths each year.
Lawsuits related to this type of malpractice fall under tort reform and are typically handled by a personal injury attorney. Rules regarding medical malpractice can vary by state, although certain general principles apply to all cases and give clear indications as to whether a given type of injury falls under this category.
To prove that medical malpractice occurred, you must be able to show all of these things: A valid doctor-patient relationship existed; A medical professional violated the standard of care; The violation of that standard resulted in harm to the patient; and. The patient suffered real, compensable damages.
Yes, Courts have ruled that when a doctor causes emotional distress due to negligence, the patient can sue just as if the doctor caused physical harm.
Most malpractice cases are settled out of court, often with no admission of wrongdoing. These settlements usually are driven by the insurer’s decision that it’s easier and less expensive to settle than to go to trial. Consult an attorney for best course of action.
In general, medical negligence claims are often complex and involve extensive expert medical evidence. It usually takes about 12 months from the negligence of a doctor or hospital for the injury to settle down enough for your lawyer to obtain the necessary expert and medical evidence to prove your claim.