personal injury case law
Photo: dreamstime.com

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care and causes harm to a patient. If you have been the victim of medical malpractice, you may have grounds to file a personal injury lawsuit against the responsible parties. This allows you to seek compensation for damages like medical bills, lost wages, pain and suffering, and other losses.

What constitutes medical malpractice?

For a medical malpractice claim to be valid, four key elements must be present:

– Duty of care – The provider owed a duty of care to the patient to meet the accepted standard of care. This is automatically established between a doctor and patient.

– Breach of duty – The provider breached their duty of care through substandard treatment, failure to diagnose or treat, medication errors, surgical mistakes, etc.

– Causation – It must be shown that the breach of duty directly caused the injury or damages.

– Damages – Quantifiable losses or injuries stemmed from the breach, such as additional medical costs, lost income, disability or pain.

If these four components can be demonstrated through medical records, expert testimony, and other evidence, you may have a strong case for a medical malpractice suit.

Who can I sue for medical malpractice?

If it is determined that medical negligence occurred, there may be one or more parties that can be held liable. Potential defendants in a medical malpractice case include:

– Doctors, nurses, technicians, or other medical professionals directly involved in the negligent care.

– The hospital, clinic, or healthcare facility where the malpractice took place.

– A manufacturer of defective medical devices or dangerous drugs.

– Third parties responsible for errors such as inaccurate lab test results.

The right defendant often depends on the specific circumstances and whose actions ultimately caused the patient harm. An experienced medical malpractice attorney can help identify all potentially liable parties.

What kinds of damages can I recover?

Some of the common damages that can be recovered in a successful medical malpractice lawsuit include:

– Medical expenses, both past and future, including hospitalization, drugs, therapy, in-home nursing care, and other costs related to additional treatment needed.

– Lost income and reduced earning capacity if the injury impacted your ability to work.

– Pain and suffering.

– Loss of enjoyment of life if activities or hobbies can no longer be performed.

– Long term disability or disfigurement.

– Emotional distress.

– Loss of consortium between spouses.

– Punitive damages in cases of gross negligence or misconduct.

The precise value of your damages depends on the unique circumstances of your case. An attorney can seek full compensation for all of your medical bills, financial losses, and non-economic damages attributable to the malpractice.

Is there a time limit to file a claim?

Every state has statutes of limitations dictating the deadline to file a medical malpractice lawsuit. In most states this ranges from 1-3 years from the date when the injury occurred or was discovered. The timeframe can be complex, however, especially in cases involving misdiagnosis or delayed discovery of malpractice. Consulting with a personal injury lawyer promptly is key, as you generally lose the right to recover damages if the statute of limitations expires.

Proving medical negligence and causation often requires extensive investigation and expert analysis. An experienced medical malpractice attorney can evaluate your situation, gather evidence, determine the liable parties, establish damages, and file a claim on your behalf before the expiration date. This provides the greatest chance of obtaining full compensation.

Conclusion

Suffering harm at the hands of a medical professional can warrant a personal injury lawsuit, but proving medical malpractice requires meeting certain criteria. With valid grounds, you can recover damages by pursuing a claim against the responsible healthcare providers before the statute of limitations passes. An attorney familiar with medical negligence cases can handle the complex legal process for you.

LEAVE A REPLY

Please enter your comment!
Please enter your name here