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Understanding Malpractice: When Should You File a Medical Lawsuit?

medical malpracticeWhen people think of medical malpractice, they think of the age-old tales of surgeons leaving tools inside a patient after surgery. However, that isn’t a common form of malpractice these days due to procedures put in place to prevent it.

Understanding the medical malpractice definition and how to file a medical lawsuit is a good place to start.

Common Forms of Malpractice

The most common form of medical malpractice comes from medication. A medication error can come from a number of issues, including incorrect drug labeling, incorrect dosage, wrong medication time period, wrong medication, not monitoring drug side effects, and not prescribing medication.

If any of the above happened due to the negligence of a doctor, then it is a medication error. Any harm that comes from it can be considered medical malpractice.

In these cases, it becomes about proving that the doctor did not act in the standard duty of care that other doctors would have abided by.

Medication Errors

However, medication errors in terms of medical malpractice can be difficult cases at times. If you were prescribed the wrong medication or medication not technically for your illness but had experimental effects on your illness, then these cases can be straight-forward.

However, if there was incorrect or confusing labeling, then the case becomes a bit difficult where the doctor can defend themselves or shift blame to the pharmacy.

Yet, if you suffered horrible side effects or your illness became worse due to a medication error, you shouldn’t just deal with it. It is medical malpractice and you are owed compensation for any side effects or worsening condition that you suffered.

Medical Malpractice Lawsuit

It is important to have a thorough understanding of what malpractice claims entail. This is not to say that you will be alone in the pursuit of the claim.

It is important to have proper legal representation, but it does help to have an understanding of how to proceed before beginning the process.

Overview of Medical Malpractice

Legal experts define medical malpractice as occurring when a health care professional gives care that is negligent, improper or unskilled, leading to some sort of compensable injury or harm. Health care professionals include, but are not limited to:

  • Physicians
  • Nurses
  • Dentists
  • Pharmacists
  • Hospitals

This medical malpractice definition can help patients and attorneys understand the instances in which litigation may be an option.

Potential Damage Awards

For litigation against responsible parties for instances involving medical negligence in which patients are caused harm, or in some cases medical malpractice deaths, there are potential damage awards that may result from successful litigation:

  • Medical bills
  • Loss of future earnings
  • Loss of companionship
  • Loss of benefits
  • Punitive damages
  • Other direct expenses

The calculation of the exact dollar amount of these awards is very complex and includes a lot of subtleties which may impact the figure, so it is best to ask your attorney about potential award amounts in your case.

Best Malpractice Lawyer

If you have been the victim of a medical error or any other action by a doctor that resulted in medical malpractice, contact a malpractice lawyer.

The lawyer can help you make sure you get compensation and that other patients don’t fall victim to a doctor that shouldn’t be practicing recklessly with people’s health.

For the best lawyer for your medical lawsuit, contact us today.