What You Need to Know About Medical Malpractice

When people fall ill, they visit physicians for treatment, hoping and expecting to leave healthier than they arrived. However, some physicians negligently compound their patients' ailments during treatment. It is medical malpractice for a medical practitioner to willfully or negligently injure you when you rely on them for treatment. 

If you are a victim of medical malpractice, you can file a personal injury claim against the healthcare provider. You will receive a settlement for your damages if your claim is approved. Thus, in such a case, it is best to reach out to experts like attorney Russell Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers. In this article, we will learn more about what constitutes medical malpractice and how to prove a medical malpractice claim successfully:

Understanding Medical Malpractice

Medical malpractice occurs when a hospital or medical practitioner’s actions or inactions injure a patient. These may be due to either acts of omission or negligence. Such cases are often severe because they directly impact a person's safety and well-being. 

Thus, if you suspect foul play in how a healthcare facility treats you, speak up quickly! Also, it is best to hire an attorney to fight for you and uphold your rights. 

The Required Elements for a Medical Malpractice Claim

To prove that medical malpractice happened, you need to establish that you had a relationship with your physician. You must also prove that the physician was negligent, which is the primary cause of your injury. Furthermore, the injury must have resulted in actual harm.

Proving that you had a relationship with your doctor before the incident means the doctor had treated you before the malpractice. You have seen them several times, and they have rendered medical services to you. 

More importantly, you must prove that another medical practitioner would have behaved differently in the same context to establish negligence against your physician. Another doctor would not have injured you under the same circumstances. 

By this claim, you accuse your doctor of violating the standard of care for a medical practitioner when treating you. They were not cautious or logically skillful. 

You must be able to demonstrate that the physician's negligence is directly responsible for your harm. You need expert witnesses to testify against the defendant. Another professional must explain the standard of care in the given context and how the defendant deviated from it. 

You also need to prove that you sustained an injury that compensation can salvage despite the doctor's shortcomings. Generally, patients sue doctors for disability from the injury, lost earnings, pain from the harm, and associated medical costs. 

An Insight into the Duty of Care Requirement for Medical Malpractice Lawsuits

As observed earlier, you can only hold a physician accountable based on a defined standard of care. This standard of conduct is the minimum standard of care a medical practitioner should render to their patients. Authorities hold physicians to a higher standard due to the extensive education and specialized training they receive. 

When you sue a physician for medical malpractice, you must prove they breached their duty of care to you. To determine this, you need to measure the physician's duty of care by the skill and expertise of an average medical practitioner in your physician’s specialty or field. 

For your claim to be valid, you need to demonstrate that the physician's actions were out of bounds of the limits of acceptable medical practices. During their schooling and training, medical practitioners learn about the standard and accepted methods of treating some ailments and conditions. 

Any physician who renders service below this accepted standard has breached the duty of care and should be responsible for any resultant harm. They should be held fully accountable for their actions as per the law.

Typical Types of Medical Malpractice

There are three categories of medical malpractice. They include:

• Failure to properly diagnose a patient

• Improper treatment through wrong prescription of medication, delayed or hastened surgery, or overlooking of safety measures

• Failure to seek the consent of a patient concerning a known risk of a medication, treatment, or procedure

Typical Medical Malpractice Errors

There are different instances that can lead to medical malpractice. However, the typical medical malpractice errors that often lead to claims include misdiagnosis, surgical errors, wrong interpretation of laboratory results, needless or overly invasive surgery, and inappropriate medication or dosage.

Others include failure to inform a patient about medication allergies, quick or improper discharge, poor follow-up or improper aftercare, quick diagnosis or operation, and lack of recognition of symptoms. 

All these errors can make you file a medical malpractice case against a medical practitioner. If you can establish your claim, you will recover maximum compensation.

Evidence in Medical Malpractice Matters

If a suit is filed without evidence, it will not be accepted by the judge or jury. The only basis for recovering damages is the availability of evidence to support your claim.

Expert witnesses are one of the primary sources of evidence in medical malpractice cases. You must have expert medical witnesses to examine your condition and assert that the defendant truly offered a below-par service while treating you. They will review your medical records and pinpoint areas where the physician defaulted. 

Similarly, they can investigate the circumstances surrounding your harm. Specifically, they will compare the medical practitioner’s actions to the typical practice in the given specialty. 

Your evidence must be solid and convincing because you don’t expect the defendant to fold their hands and look on. They will also present expert witnesses to defend their actions. Hence, you need to be proactive and balanced in your submission. 

Special Rules and Procedures in Medical Malpractice Claims

The rules and procedures for medical malpractice cases vary based on the different jurisdictions. Involving a local medical malpractice attorney in your legal battle is advisable. They understand the technicalities and how to use them in your case. 

Generally, most states have a special review panel, a requirement for expert witnesses, caps on compensation, and a statute of limitations on medical malpractice cases. For example, you must file your suit in Connecticut within two years of the malpractice. If you allow the timeline to pass without action, you will lose the opportunity to hold the at-fault party responsible.

Before you can file your suit, a special review panel must evaluate your case. This panel aims to hear arguments, evaluate proof and expert witnesses, and give its opinion concerning the occurrence of any malpractice.

However, this panel's decision does not erode or influence the main lawsuit. The panel's essence is determining whether a case should proceed to trial. Medical expert testimony is needed at the panel and trial stages. 

There is a cap on the amount you can receive as damages. Your attorney will tell you the amount your case is worth without exceeding the state limit. Ultimately, receiving compensation depends on the level of the physician's negligence and the severity of your injuries.

Final Thoughts

It is crucial to quickly consult a medical malpractice attorney if you believe you are a victim of a medical practitioner’s negligence. The lawyer will analyze your case and determine the best line of action for the desired outcome. 

Moreover, they know how to help gather evidence to make your case solid and acceptable. They will help simplify the complex medical malpractice laws and defend your rights throughout the case. 

Author Bio

Leslie Joans is a professional writer at Coherent Market Insights. She has worked with multiple notable clients and is skilled at writing content on diverse topics. In addition to writing content for digital platforms, Leslie enjoys cooking, reading, and hiking.