The Basics of Medical Malpractice
Someone who has been harmed due to a hospital or healthcare provider’s negligence may be wondering if they have been a victim of medical malpractice. This is defined as the deviation by a medical professional from the standard quality of care expected in a situation. Keep reading for more information on who can sue for medical malpractice, what constitutes malpractice, and how a Medical Malpractice Attorney can help you.
Medical Malpractice Defined
Healthcare providers are expected to provide their patients with a level of care in accordance with current medical industry standards. The professional or entity may be liable for medical malpractice ff a facility or individual causes harm to a patient as a result of a failure to provide the appropriate care.
Responsible Parties
Individuals such as healthcare professionals, nurses, and physicians can be sued for medical malpractice. Additionally, hospitals and other healthcare facilities can be held responsible for their negligence or the negligence of an employed medical professional. Malpractice lawsuits brought against a healthcare facility as a result of an employee’s negligence are filed due to vicarious liability.
Medical Malpractice Cases
Medical malpractice lawsuits can only be filed if a medical professional or entity does not meet the appropriate level of care when providing care to a patient. In these instances, a patient may file a malpractice lawsuit. However, the patient must have sustained an injury expressly resulting from the negligent care. Without an injury, there cannot be a medical malpractice case. The injury must have caused you considerable damage such as less income, hardship, permanent disability, everlasting pain, or suffering.
What Are the Legal Elements of Medical Malpractice?
It is incumbent upon the injured patient (or their lawyer) to prove that a healthcare provider or entity provided care negligently to have a chance to succeed in a malpractice claim. To prove negligence, four legal elements must be met.
Those elements are:
- A professional duty was owed to the patient.
- That professional duty was breached.
- The patient suffered an injury as a result.
- Damages caused by the breach were incurred by the patient.
Common Malpractice Cases
Although any deviation from accepted medical standards can result in medical malpractice lawsuits, some errors result in lawsuits more than others. The most common types of malpractice claims are:
- Misdiagnosis
- Delayed diagnosis
- Failure to treat
- Errors in prescribing prescription drugs
- Surgical or procedural mistakes
- Childbirth injuries
Contact a medical malpractice attorney like Cohen & Cohen, P.C. today to assist you in determining whether you may have a case for a medical malpractice lawsuit.
