Understanding Medical Malpractice in the 21st Century
Anytime you step into a doctor’s office you want to believe that the person you are shaking hands with is both accredited and a good person. Unfortunately, though, medical malpractice can and does occur in the modern day. By understanding what medical malpractice is, along with the common types, you can decide whether or not you need to take legal action following your trip to the doctor.
The Key Elements of Medical Malpractice
For those unfamiliar with the term, medical malpractice is when a licensed doctor fails to provide appropriate treatment or care such that it results in the injury of the patient. Depending on the state you live in, you can have potentially up to 10 years to sue for medical malpractice before the statute of limitations is up. Below are the four key elements of a medical malpractice case that can help you recognize if this has happened to you:
- Established Duty of Care: A doctor already has a duty of care to any patient who walks in their door, meaning they must act reasonably to avoid causing harm to that person.
- Breach of Duty: In the event that a doctor’s treatment falls below a certain standard of care such that a patient suffers an injury, a breach of their duty of care could be argued to have occurred.
- Causation: The third element of a medical malpractice case is establishing causation, meaning that it must be shown that the negligence of the doctor during the breach of duty of care directly, though sometimes indirectly, resulted in the injury a patient suffered.
- Damages: Finally, the injury must have resulted in some type of loss to the patient whether that be monetary or otherwise.
The amount a patient can win in a medical malpractice suit varies drastically depending on the details, but it can be as much as hundreds of thousands of dollars.
Common Types of Medical Malpractice
Understanding the common situations in which medical malpractice occurs can help you figure out if your case is applicable. Below are some common examples of this incident:
- Misdiagnosis: This occurs if a doctor grossly misdiagnoses a patient or delays diagnosing them without a good reason.
- Surgical Errors: Odd surgical mistakes, such as leaving foreign objects in the body or performing the wrong procedure, can result in a medical malpractice suit.
- Medication Errors: There are risks associated with doctors prescribing, administering, or monitoring medications incorrectly that can result in this type of lawsuit.
The Physical and Psychological Impact of Medical Malpractice
Finding yourself injured as a result of a doctor’s actions (or inaction) is a frustrating experience that can leave you feeling vulnerable. Medical malpractice cases can cause physical injuries to your body, whether directly caused by the doctor or brought about by the mistakes of a doctor, but they can also cause emotional trauma that strains relationships between patients and their friends or families.
Going further, medical malpractice incidents can cause serious financial burdens on the victim in the form of more medical expenses, lost wages, and legal fees spent fighting for their case in court. For those wondering, the cap for non-economic damage as a result of medical malpractice will vary by state. The governor of California, for an example, just signed a $350,000 cap into law which increases yearly until it hits a $750,000 maximum so long as there is not a wrongful death.
The Legal Process Involved With Medical Malpractice
Many people often fail to undertake a case in medical malpractice incidences because they think the process is insanely difficult. However, with the help of a personal injury lawyer, the process is relatively simple and is as follows:
- A medical malpractice lawsuit will be filed by your attorney after evidence has been gathered
- The statute of limitations timeline, if applicable, will be discussed
- There will be an exchange of information and evidence between the parties involved in the lawsuit known as discovery
- A decision to settle or to go to trial will occur
Don’t settle for any medical treatment but the best
Patient safety should be of the utmost priority to all doctors regardless of whether that patient is coming in for a physical or undergoing open-heart surgery. It’s an unfortunate truth, though, that some doctors choose to ignore their oaths and conduct medical malpractice. If you believe you have been unjustly treated by a doctor, reach out to a personal injury lawyer to discuss your case and review your options.
