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Jan 5, 2024 · Summary. Medical malpractice is a form of professional negligence that can lead to patient injury or death. Because this type of negligence can lead to severe outcomes, it is considered a serious offense in the eyes of the law in the United States.
- Angelica Bottaro
Malpractice is a tort committed when a professional breaches their duty to a client by following generally accepted professional standards. Learn about the elements of malpractice, the most common types of malpractice suits, and the legal process involved.
- Overview
- What is medical malpractice?
- Types of error and malpractice
- What does a malpractice case involve?
- What kind of damages can the plaintiff get?
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Medical malpractice occurs when a healthcare professional neglects to provide appropriate treatment, take appropriate action, or gives substandard treatment that causes harm, injury, or death to a person.
The malpractice or negligence normally involves a medical error. This could be in diagnosis, medication dosage, health management, treatment, or aftercare.
Medical malpractice law makes it possible for patients to recover compensation from any harms that result from sub-standard treatment.
According to the Medical Malpractice Center, in the United States, there are between 15,000 and 19,000 medical malpractice suits against doctors every year.
A hospital, doctor, or other health care professional is expected to provide a certain standard of care.
The professional is not liable for all the harms a patient experiences.
However, they are legally responsible if the patient experiences harm or injury because the health provider deviated from the quality of care that is normally expected in similar situations.
According to malpractice lawyers in the U.S., for medical malpractice to be considered, a number of factors must be involved.
These are:
Failure to provide a proper standard of care: The law requires that health care professionals adhere to certain standards, or potentially face an accusation of negligence.
Examples of cases where an error or negligence could lead to a lawsuit include:
•misdiagnosis or failure to diagnose
•unnecessary or incorrect surgery
•premature discharge
•failure to order appropriate tests or to act on results
•not following up
The plaintiff is the person who complains. This can be the patient, a legally designated person who acts on the patient’s behalf, or if the patient died, the executor or administrator of the patient’s estate.
In legal terms, the plaintiff is the person who brings a case against another in a court of law, the person who initiates the suit, the one who is suing.
The defendant is the party who is being sued. In a medical malpractice suit it is the health care provider. This could be a doctor, a nurse, a therapist, or any medical provider. Even those who were “following orders” may be liable for negligent acts.
The prevailing party is the party who wins the case, whether the plaintiff or the defendant. If the defendant wins the case, the plaintiff has lost and will receive no compensation.
The losing party is the party who loses the case.
The fact-finder is the judge or the jury.
The plaintiff may be awarded compensatory and punitive damages.
Compensatory damages may include economic damages, including lost earning capacity, life care expenses, and medical expenses. Usually, past and future losses are assessed.
Compensatory damages may also include non-economic damages, which assesses the injury itself, psychological and physical harm, such as losing one’s vision or legs, extreme pain, and emotional distress.
Punitive damages are only awarded if the defendant is found guilty of malicious or willful misconduct. Punitive damages is a form of punishment. It is compensation in addition to actual damages.
Lawsuits tend to be costly, time consuming, and stressful. Anyone who is considering starting a lawsuit should weigh up the possible pros and cons before taking action.
If the injury is minor, the patient may spend more on the lawsuit than the eventual money they will recover.
Medical malpractice is when a healthcare provider causes harm, injury, or death to a patient by failing to provide appropriate treatment or action. Learn about the elements, examples, and steps of a medical malpractice lawsuit in the U.S.
- Yvette Brazier
Learn the meaning of malpractice, a noun that refers to a violation of professional standards or a failure to exercise ordinary skill by a professional. See examples, synonyms, word history, and related entries.
Feb 3, 2015 · Learn what malpractice means and how it applies to different professions, such as medicine, law, and dentistry. Find out the requirements, types, and examples of malpractice cases and how to sue for damages.
Malpractice. In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional ". [1] Professionals who may become the subject of malpractice actions include:
Jun 15, 2023 · Learn what medical malpractice is, how to prove it and what types of damages you can recover if you are a victim of negligent healthcare. Find out common examples of malpractice, such as misdiagnosis, surgical errors and birth injuries.
