When Is A Medical Malpractice Claim Valid And Worth Pursuing?
Medical malpractice happens when a healthcare facility, healthcare provider or professional causes an injury to a patient because of a negligent act or omission. The negligence can occur at any part of a patient’s management, from diagnosis, treatment, and aftercare.
What are the elements of a valid medical malpractice claim?
In order for a medical malpractice claim to be actionable, it has to satisfy three following characteristics. Firstly, that there is a violation of the standard care. The concept of standard of care is discussed often within the medical community, and yet the legal definition of the term is often not understood. In recent cases, clinical practice guidelines are used more frequently to define the standards that healthcare providers are held against. They are not adopted in all states though, and their acceptance or use is usually decided on a case-by-case basis. In some cases, the standard of care is defined as what a minimally competent physician in the same field would do in the same situation, given the same resources.
A second element included in a valid medical malpractice claim is that the injury was caused by the negligence. It is not sufficient that a healthcare provider simply violated the standard of care, the patient, or in this case the plaintiff, must also prove that the injury he or she sustained would not have occurred if not for the physician’s or healthcare professional’s negligence. This means that an unfavorable outcome of a treatment or procedure does not constitute a malpractice by itself. If there is an injury without negligence or if there is negligence which did not cause an injury, it could not be called a valid medical malpractice case.
The last element of a medical malpractice lawsuit is that the injury resulted in significant damages. This type of personal injury case is extremely costly and time consuming to litigate since it would require numerous testimonies from medical experts and countless hours of deposition testimony. Because of these, lawyers do not always pursue a medical malpractice case. If damages are small, the cost of pursuing the case might outweigh the eventual recovery. A medical malpractice case is worth pursuing if the patient’s injury is substantial, or if it resulted to a disability, loss of income, unusual pain, suffering and hardship, or significant medical bills.
What are some examples of a medical malpractice case?
Between 15,000 and 19,000 malpractice suits are brought against doctors each year. Medical malpractice can come in various forms. One common example is failure to diagnose or providing a wrong diagnosis. There also have been medical malpractice cases raised against physicians who misread or ignored laboratory results. Unnecessary surgeries, surgical errors or wrong site surgeries can also be strong grounds for medical malpractice as are improper medication or dosage. In some instances, poor follow-up, aftercare or a premature discharge can also be reasons why a doctor is charged with a medical malpractice case. Failure to take appropriate patient history, order proper testing or recognize symptoms are also examples of medical negligence that might lead to a lawsuit.
If you suspect that you are a victim of a medical malpractice, it is important that you consult with a lawyer based in the state where the alleged malpractice occurred. Click here to find a New York medical malpractice attorney.
What are the elements of a valid medical malpractice claim?
In order for a medical malpractice claim to be actionable, it has to satisfy three following characteristics. Firstly, that there is a violation of the standard care. The concept of standard of care is discussed often within the medical community, and yet the legal definition of the term is often not understood. In recent cases, clinical practice guidelines are used more frequently to define the standards that healthcare providers are held against. They are not adopted in all states though, and their acceptance or use is usually decided on a case-by-case basis. In some cases, the standard of care is defined as what a minimally competent physician in the same field would do in the same situation, given the same resources.
A second element included in a valid medical malpractice claim is that the injury was caused by the negligence. It is not sufficient that a healthcare provider simply violated the standard of care, the patient, or in this case the plaintiff, must also prove that the injury he or she sustained would not have occurred if not for the physician’s or healthcare professional’s negligence. This means that an unfavorable outcome of a treatment or procedure does not constitute a malpractice by itself. If there is an injury without negligence or if there is negligence which did not cause an injury, it could not be called a valid medical malpractice case.
The last element of a medical malpractice lawsuit is that the injury resulted in significant damages. This type of personal injury case is extremely costly and time consuming to litigate since it would require numerous testimonies from medical experts and countless hours of deposition testimony. Because of these, lawyers do not always pursue a medical malpractice case. If damages are small, the cost of pursuing the case might outweigh the eventual recovery. A medical malpractice case is worth pursuing if the patient’s injury is substantial, or if it resulted to a disability, loss of income, unusual pain, suffering and hardship, or significant medical bills.
What are some examples of a medical malpractice case?
Between 15,000 and 19,000 malpractice suits are brought against doctors each year. Medical malpractice can come in various forms. One common example is failure to diagnose or providing a wrong diagnosis. There also have been medical malpractice cases raised against physicians who misread or ignored laboratory results. Unnecessary surgeries, surgical errors or wrong site surgeries can also be strong grounds for medical malpractice as are improper medication or dosage. In some instances, poor follow-up, aftercare or a premature discharge can also be reasons why a doctor is charged with a medical malpractice case. Failure to take appropriate patient history, order proper testing or recognize symptoms are also examples of medical negligence that might lead to a lawsuit.
If you suspect that you are a victim of a medical malpractice, it is important that you consult with a lawyer based in the state where the alleged malpractice occurred. Click here to find a New York medical malpractice attorney.