Navigating medical malpractice cases can be a complicated process, but lawyers can successfully handle them with the proper resources and help their clients achieve the compensation they deserve. This comprehensive guide for lawyers is designed to provide a thorough overview of medical malpractice injuries.
Birth injury: with a birth injury, the child is born with some congenital disability caused by an error on the part of the medical staff.
Misdiagnosis or delayed diagnosis: A misdiagnosis or delayed diagnosis occurs when a doctor fails to recognize the signs and symptoms of a patient’s illness or injury and properly diagnose the patient.
Negligent Failure to Treat: When doctors correctly diagnose conditions but fail to treat them as experts deem appropriate, patients can be injured or worse. Discharging a patient too soon, for example—or neglecting to follow up on earlier care instructions—can lead directly to illness instead of better health.
Anesthesia Errors: Errors made in the operating room can lead to permanent, life-changing injuries or death. Administering anesthesia is a delicate process, and mistakes can be made in several ways:
- Administering too little anesthetic or giving the patient an excessive amount.
- Not considering relevant medical histories that may affect treatment outcomes.
- Failing to warn patients about risks involved with these treatments.
Surgical errors: Unfortunately, surgical teams can leave tools or sponges inside the body during surgery, operate on the wrong side of a patient’s body, or even perform surgery on the wrong patient.
The four elements of medical malpractice are (1) a duty owed by the medical professional to the patient, (2) a breach of that duty, (3) causation, and (4) damages. All four elements must be present for a medical malpractice claim to be successful. Medical malpractice is a complex legal area, and four key elements must be present for a case to be successful.
- First, there must be a doctor-patient relationship. This means that the doctor owed the patient a duty of care.
- Second, the doctor must have breached that duty of care. This means that the doctor’s actions (or lack thereof) were outside the bounds of what would be considered reasonable.
- Third, the patient must have been injured as a result of the doctor’s breach of care. Causation is the link between the breach of duty and the patient’s injuries. To prove causation, the plaintiff must show that the breach of duty was the cause-in-fact and the proximate cause of the injuries.
- And fourth, the patient’s injuries must have resulted in damages suffered as a result of the defendant’s negligence. Damages can include physical pain and suffering, emotional distress, loss of income, and medical expenses.
With this guide, medical malpractice lawyers can confidently and successfully navigate medical malpractice cases to help their clients get the justice they deserve.
Medical malpractice occurs when a doctor or other medical provider fails to exercise the reasonable standard of care expected in treating a patient. To successfully file a medical malpractice case, lawyers must be able to prove that the medical provider failed to meet this standard of care. If medical malpractice lawyers can prove that a healthcare provider’s error breached the standard of care and resulted in tangible injury or death, then he will have all his bases covered.