Medical Malpractice Claims are made when a healthcare provider fails to provide proper care that causes injury or worsens an existing condition or illness. A claim is often made against a doctor, but claims can also be brought against nurses, therapists, and other health care providers. The law defines malpractice as any deviation from the accepted standard of care that results in harm to a patient.
While a variety of factors can lead to malpractice, the most common reason for a medical malpractice claim is a missed or delayed diagnosis. Doctors are expected to order the appropriate tests and communicate those results to patients. Failure to do so can result in unneeded treatments, undue suffering, and even death.
Another common Medical Malpractice Claims issue is a surgical error. For example, a mistake might be made during surgery when the surgeon cuts a blood vessel. Such an error can be life-threatening, leading to limb loss, organ damage, or serious complications from infection.
A third common reason for a medical malpractice claim is failing to treat an illness or injury. Doctors are often overworked and may simply fail to see or hear about a problem that a patient presents. Failure to act on a patient’s complaints, releasing them too soon from the hospital, and not following up with follow-up treatment are also forms of medical negligence.
To prove a claim of malpractice, the plaintiff must establish that a physician owed them a duty of care, that the doctor breached that duty of care, that the breach directly caused the injury or harm, and that the harm was the result of the action or inaction. If the attorney can do so, they may be able to convince a jury that the physician’s actions were not in line with acceptable practices. The physician’s attorneys will likely argue that they did not breach their professional duties and that the claim is without merit.
When a patient is awarded compensation from a medical malpractice claim, they are typically given both economic and noneconomic damages. Economic damages include medical bills and lost wages. Non-economic damages might be awarded for pain and suffering, loss of enjoyment of life, or mental anguish.
If you think you or a loved one has been injured by a medical error, you should contact an experienced legal firm immediately. A lawyer could explain what your potential claims might be worth and how to proceed with a lawsuit. It is also important to remember that there are strict time limits for filing malpractice claims, which vary by state. You should consult a qualified attorney to ensure that you do not miss the deadline.
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