As a victim of medical negligence, you’ve probably wondered what constitutes medical malpractice. Medical malpractice is when a health care provider does not provide the expected standard of care and causes injury or even death to their patient.
Moreover, it is also a legal issue that many people are unfamiliar with. Medical malpractice law can be complicated, but it starts with negligence. Negligence or malpractice is defined as a failure in exercising the expected care that any reasonable person would have provided under similar circumstances.
What Constitutes Medical Malpractice?
Medical malpractice is when there is a failure to provide care that the individual treating the patient would reasonably be expected to provide. This can often result in injury or even death. For instance, if a doctor misses an important cancer diagnosis while analyzing medical reports, they may be said to have committed medical malpractice.
The Liability of Doctors
Doctors are liable for medical malpractice litigation when they fail to render the proper care. Doctors can be liable for negligence, recklessness, or intentional misconduct. However, there are times when a doctor is not liable for medical malpractice. A doctor cannot be held liable if he acted with reasonable care and skill in light of the prevailing standards in his field at that time.
Legal Issues with Medical Malpractice
Medical malpractice is a legal issue that can be complicated and confusing for many people. It is important to understand the basics of medical malpractice law so you know what to look out for in your own case. It’s crucial that you seek legal counsel in the event that you suffer an injury from medical malpractice. Your attorney can assist you in understanding the intricacies of medical negligence as it relates to you.
One important thing to keep in mind is that negligence is typically defined as failing to exercise reasonable care at the time of treatment. It can be difficult to prove medical malpractice sometimes because it may be difficult to show what degree of care was reasonable under the circumstances.
Negligence can result from:
- Failure to diagnose
- Failure to inform
- Failure to treat
- Failure to record
A physician’s failure or neglect of any one of these areas can lead to negligence. Negligence can also happen when a physician fails or refuses to act on information they have been given. If you believe you have been injured by medical malpractice, consult with a lawyer who specializes in this area of law. With an experienced attorney in your corner, you will have a much better chance of proving negligence if it was present at the time of your care.
Who Can File a Lawsuit?
A person who is injured by medical malpractice can file a lawsuit. The injured person does not have to show that the medical provider intended to injure them. They only need to show that there was a failure to provide reasonable care, which would be what a reasonable person would have exercised under the same circumstances, led to their injury.
Statute of Limitations
One of the most important considerations in a medical malpractice case is the time limit to file a lawsuit. In general, you have two years from the date of injury to file a claim. However, some states have different statutes of limitations on medical malpractice, so you should consult with your attorney to be sure.
Types of Damages Awarded in a Medical Malpractice Case
Medical malpractice cases can be complex and involve many different types of damages, such as economic losses suffered as a result of the medical error. For instance, if you had cancer that was not diagnosed and, as a result, you could no longer work, you may be awarded lost wages for the time you were unable to work.
Additionally, if your spouse was killed because of medical negligence and his or her income is what paid the mortgage, then you might also be entitled to receive financial compensation for your loss of spousal support. Additionally, in some states, emotional damages—such as pain and suffering—can also be awarded in a medical malpractice suit.
When you meet with your attorney, they can inform you of the types of compensation you could potentially win. So be sure to contact an experienced law firm right away if you are a victim of medical negligence. Your attorney will make it easy to determine what constitutes medical malpractice and whether you have a viable lawsuit.
Do You Need to File a Medical Malpractice Lawsuit?
Now that you know what constitutes medical malpractice, you might feel more confident speaking with legal counsel. At the Doctor Lawyer Firm, attorneys Sowell and Chakour have extensive experience in medical malpractice lawsuits and will provide you with the representation you deserve. To get started, contact the Lawyer Firm at 1-833-MedMals or via this contact form.
The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.