Specific criteria must be met for a personal injury to be medical malpractice. It is best to consult with an attorney to determine the nature of your case and whether you can file a malpractice claim.
What Is Medical Malpractice?
Medical malpractice is when a doctor or healthcare worker does not provide the expected standard of care to a patient. Due to this negligence, the patient sustained injuries they would not have otherwise. Patients trust doctors and healthcare professionals with their health and well-being, thus the duty of care exists to ensure that patients are not at risk of harm.
Several key elements must be present in order to determine whether or not a patient has suffered from medical malpractice:
- The doctor or healthcare worker did not adhere to the established standard of care that those within the healthcare profession must uphold.
- The doctor or healthcare worker breached this duty due to negligence.
- Because of their negligent action or actions, injury was sustained.
- Due to these injuries, the patient suffered damages and can leverage the law to recover financial compensation.
There needs to be negligence and a failure to adhere to the standard duty of care involved in the case for it to qualify as medical malpractice. Unsuccessful treatments, for example, are not considered medical malpractice. Different states have different requirements.
Common Types of Medical Malpractice
Types of medical malpractice include:
- Failure to diagnose or misdiagnosing a condition
- An unnecessary or botched surgery or other invasive medical procedure
- Prematurely discharging a patient before full recovery or stabilization
- Not ordering the appropriate testing for a patient or failing to act on the results received
- Prescribing the wrong medication or the wrong dosage of a medication
- Pressure ulcers, bed sores, and other preventable injuries
- Persistent pain after a medical procedure
- Infections acquired in the hospital
These are only a few of the most common types of malpractice. Typically, so long as the injury you sustained results from negligence on behalf of your doctor or healthcare provider, you may be able to file a claim. It is best to speak with an attorney who can evaluate your case.
Damages You May Be Entitled To
Damages refer to the monetary and non-monetary losses you incur due to medical malpractice. There are several damages you can recover compensation for, including:
- Lost wages or reduced earning capability
- Medical bills
- Loss of consortium
- Loss of enjoyment of life
- Pain and suffering
- Wrongful death
The damages you sustained are not your fault, so you should not have to feel pressured to pay for them on your own. You are entitled by law to file a claim and recover compensation for all of your injuries at the expense of the at-fault party.
How Can a Medical Malpractice Attorney Help Me with My Case?
While you can file a claim on your own, it is best to get in touch with an attorney before you file. An experienced medical malpractice lawyer can evaluate your case for free, help you fight to hold the at-fault party responsible, and recover financial compensation that covers your damages.
