Medical malpractice refers to negligence by a healthcare provider or professional in which treatment that was provided was substandard, and resulted in harm, injury, or death to a patient. The medical malpractice or negligence typically involves a medical error, either in diagnosis of a patient, medical dosage, health management, treatment, or aftercare.
The medical malpractice law is a way to provide patients with proper compensation from harms that may have resulted from sub-standard treatment from a medical professional. Below are some common questions and answers regarding medical malpractice lawsuits:
Is Medical Malpractice Common?
Unfortunately, medical malpractice is very prevalent in today’s society; diagnosis errors alone cause up to 160,000 deaths annually in the U.S. According to Johns Hopkins researchers, as reported in BMJ Quality and Safety, diagnostic errors are the most dangerous and expensive mistakes American doctors make, estimated to cause between 80,000-160,000 deaths every year.
According to Health Affairs, nearly one in every three that is hospitalized in the U.S. is susceptible to encountering a hospital error.
What Are Some Hospital Errors to Look Out For?
- Providing a patient the wrong dosage of medicine
- Giving a patient the wrong medication
- Leaving things inside a patient’s body following surgery
- Staph infections
- Pressure ulcers (bedsores)
What Characteristics Should My Claim Have in Order for Malpractice to be considered?
- Failure to provide proper care
- Injury resulting from consequence of negligence
- Very damaging consequences due to injury
What are the Elements in a Malpractice Case?
- The Plaintiff – this is the patient, or a legally designated person who acts on the patient’s behalf
- The Defendant – this is the party that is being sued; in a medical malpractice suit this could be the doctor, nurse, or any medical provider.
What Could a Patient Be Awarded?
- Compensatory Damages – this may include economic damages, life care expenses, and medical expenses.
- Punitive Damages – these are awarded if defendant is found guilty of malicious or willful misconduct.
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If you are seeking an experienced attorney to assist in your medical malpractice lawsuit, contact the attorneys at David Singer and Associates today.