Medical Malpractice Lawsuits

Medical Malpractice Lawsuits

What is medical malpractice?

Medical malpractice can occur when a doctor or other medical professional fails to conduct his/her practice with reasonable care, resulting in injury to a patient, or when below standard care is provided to the patient. A medical malpractice lawsuit demands a determination that a medical practitioner breached the duty owed to a patient to provide adequate care. This must be proved before a medical professional may be held liable for medical malpractice.

Examples of medical malpractice include but are not limited to: mistakes during surgery, inadequate care during pregnancy, failure to diagnose a problem or an incorrect diagnosis, prescribing the wrong medication, and failure to explain the risks of certain procedures. Medical malpractice may involve strict liability, criminal negligence, or malicious intent. A medical malpractice suit may be brought against health care providers such as doctors, nurses, lab or X-ray technicians, or facilities and companies such as hospitals, pharmacies, ambulance companies and nursing homes.

The statute of limitations to file a medical malpractice claim will vary from state to state, so it is important to seek legal counsel as soon as you become aware of medical malpractice. Victims of medical malpractice may be entitled to receive lost wages as well as damages for pain and suffering and past and future medical expenses. Because medical malpractice suits can be complex, necessitate expert witnesses, and require documents such as patient records and billing information, it is recommended that victims retain legal representation as soon as possible.