Medical Malpractice Lawsuits

Medical Malpractice Lawsuits

A medical malpractice suit is a legal claim filed against a doctor or other medical professional who causes injury to a patient in any of several ways, including:

Failing to diagnose or treat a condition properly
By not following standard procedures and practices
Using defective drugs or equipment
Administering or prescribe the wrong medication
Causing an injury during a birth
Making a surgical error
Willful and malicious abuse, as in a nursing home

To recover compensation in a medical malpractice suit, it is necessary to prove:

The physician or medical professional actually had a duty to provide care to the injured person
The physician failed to provide the care according to accepted standards
The improper care directly caused the injury to the patient
The extent and nature of the injury

If the medical professional is found liable, they will have to compensate the victim for the losses. These losses can be economic such as lost wages, or the costs of additional care or treatment or non-economic, such as for pain and suffering. If the injury was caused because the physician injured the patient intentionally, and maliciously, the compensation can also include punitive damages.

Nine out of ten malpractice suits are settled with the doctor’s malpractice insurance company before the case ever goes to court. Each lawsuit, whether it goes to court or is settled, is reported to the National Practitioner Data Bank, which can help uncover repeat offenders.