Medical Malpractice
Medical malpractice is defined as a negligent act committed by medical personnel resulting in personal injury. The victim also typically suffers lost time and wages due to the injury. Malpractice lawsuits are among the most highly scrutinized of all personal injury cases. Most any medical professional and even entire organizations can commit medical malpractice. The most common personnel involved in these cases include:
- Doctors (any type of physician)
- Surgeons
- Nurses
- Pharmacists
- Hospitals
- Nursing homes
- Med-check facilities
- Institutions
In addition, most any action or lack of, regardless of how minute may be considered medical malpractice. The most common claims cited are:
- mistreatment
- negligence
- failure to diagnose or misdiagnosing a terminal illness
- failure to prevent infection
- anesthesia errors
- birth injuries
- prescription errors
- leaving medical devices inside the patient post surgery
It is important to a strong case, to know the facts surrounding one’s medical condition. Prior to filing a malpractice suit, the patient should obtain a copy of their medical records. The patient’s attorney can request these records. However, said request may tip off the physician as to the impending lawsuit.
Medical malpractice claims are subjected to an intense review. The review will determine whether medical malpractice was committed and who is responsible. Medical personnel typically protect themselves with malpractice insurance and have lawyers on retainer should the need arise. The review process can take months and even years before a settlement is reached. This is why an attorney specializing in medical malpractice is a must and will be crucial to build the strength of the patient’s case.
The patient is awarded damages; if it is determined that medical malpractice was indeed committed. Compensatory damages cover the actual cost of the injury and loss of quality of life. This can include expenses related to:
- medical and hospital care
- rehabilitation
- ambulatory transport
- prescriptions
- lost wages both current and future income
- living expenses
- visiting nurses or nursing home care
- domestic assistance (i.e. housekeeping)
- pain and suffering
Punitive damages may also be awarded. Punitive damages are given as a punishment to the medical professional who committed malpractice. However, punitive damages are not often awarded. This is because the patient must prove that malpractice was committed knowingly and with malice; which is fortunately a rarity.
Wrongful death is an unfortunate circumstance in which damages are awarded to a victim’s family. These damages cover the cost of all medical and funeral bills, loss of a loved one, loss of income and emotional suffering.
It is recommended that a lawyer experienced in medical malpractice is selected to fight for the patient. Only this type of attorney can ensure that while the victim is recovering, someone is working on behalf of the family. At Sanders Law, we work within the medical law system to protect the rights of the victim and obtain a successful outcome.
Do you have a medical malpractice case? Contact us at Sanders Law for a consultation.
