US MEDICAL MALPRACTICE LAW

Medical malpractice is most commonly associated with doctors making mistakes in treating patients, but the scope is much larger. Medical malpractice includes any treatment, lack of treatment or other departure from accepted standards of medical care, healthcare or safety on the part of a health care provider that causes harm to a patient.

COMMON TYPES OF MEDICAL MALPRACTICE

Medical malpractice can result in the death &/or unnecessary suffering on behalf of the patient. Generally, malpractice occurs when a professional fails to provide the quality of care that should reasonably be expected in the circumstances, with the result that her patient or client is harmed. This includes:

• Delivery of substandard care by a doctor or other medical professional
• Failure to perform surgery or other medical procedure properly
• Improper or delayed treatment which results in harm to a patient
• Wrong diagnosis or failure to diagnose medical condition
• Prescription drug or medication errors
• Failure by the healthcare provider to perform appropriate follow-up treatment
• Failure to properly explain medical procedure or potential side-effects

TO PROVE MEDICAL MALPRACTICE

Medical malpractice claims must satisfy all of the following:

Injury: The doctor or health care provider caused injuries to the patient. This is very often difficult to prove. Most likely you were not in the best of health when you first went to see the doctor, and you don't have the medical expertise to prove the injury connection. You usually need an expert witness to testify on your behalf.

Negligence: Carelessness on behalf of the doctor or health care provider. You must show that the medical treatment fell below the "accepted standard of care." The test for accepted standard of care is generally what a reasonable health care professional in your community would do in similar circumstances.

Statute of limitations:The time limit when you must bring a claim. The time limit for filing medical malpractice claims varies from 1-7 years depending on your state.

WINNING A MEDICAL MALPRACTICE CASE

Medical malpractice claims are very difficult to pursue. Most medical malpractice cases are very expensive because they involve numerous expert medical witnesses and complicated facts. Doctors are usually unwilling to admit any errors, and have the resources to contest any lawsuit. Many clients hire lawyers to help them pay the initial costs and provide the expertise to win a medical malpractice case.

Medical malpractice cases are such that usually there will be no settlement, nor even negotiations toward settlement, until the lawsuit has been filed and all essential depositions have been taken. In most well prepared cases, there is virtually a trial through the discovery process before the actual trial in court.

Sometimes, even if there is malpractice from a theoretical point of view - if the doctor’s conduct has not caused injury - it is not a matter for the legal system. There may have been true incompetence, but no residual damage. Juries are not interested in a past history of damage - they do become interested when a plaintiff can show permanent injury.

If you or a loved one have been injured by medical malpractice, you should speak to an attorney immediately to learn more about the value of your case and what types of recoveries are available to you.