What Is A Malpractice Suit?

We hold medical professionals to higher standards as they’re pretty much in charge of our well-being. However, doctors and other medical personnel often make mistakes that can have devastating consequences. 

In fact, medical negligence is the third-leading cause of death in the United States with more than 250k people passing away due to medical errors. Moreover, millions suffer debilitating diseases as a result. 

Although it may be impossible to ever make a full recovery, if you suffered harm at the hands of the physician, you have the right to file a medical malpractice lawsuit. 

But what is a malpractice suit and what is its purpose?

Definition of medical malpractice

Medical malpractice is negligence by a medical care provider that occurred due to substandard treatment and resulted in injuries to the patient. In Florida, medical malpractice claims have four distinct elements:

1. Duty of care: for a valid malpractice claim, a caregiver must have owned professional duty to the patient.
2. Breach of duty of care: the physician failed to fulfill their obligation by providing medical service that fell below the accepted standards of care. The standards of care in this context refer to the level of care that a medical professional of comparable training would have offered in similar circumstances.
3. Causation: injuries suffered by the patient resulted directly from the medical professional’s mistake.
4. Damages: the patient has experienced harm they can be financially compensated for.

As for what is a malpractice suit, it’s a civil suit filed against the negligent party. 

Is medical malpractice hard to prove?

Proving medical malpractice is often difficult due to the complexity of the subject matter. This is why it’s necessary to obtain all medical records and have them inspected by an expert who can then ascertain whether the medical care provided was reasonable. 

Moreover, malpractice cases also require additional medical experts who can testify on your behalf if the case goes to trial. 

With that said, some cases are relatively simple to prove. For instance, if a case involves a doctrine referred to as res ipsa loquitur (the thing speaks for itself), you’ll likely have no trouble proving medical negligence. 

According to this doctrine, if some events occur, the occurrence alone is evidence of negligence. This often applies to instances where a surgeon operated on the wrong limb. Simply, showing the effects of the injury is sufficient to prove the surgeon acted negligently. 

Is medical malpractice the same as a personal injury claim?

Though they’re both civil suits, there are many differences between the two. For starters, consider the name. Medical malpractice lawsuits are brought only against medical providers, while personal injury can be filed for a large variety of injuries against any individual or organization. 

Another difference is the standard of care. In a personal injury case, there’s a reasonable person standard to determine if the defendant is considered negligent. This means that if another reasonable person would have shown more care than the defendant, the defendant is legally liable for the accident. 

In contrast, medical malpractice claims use a professional standard stating that a medical professional has committed negligence if a professional of a similar skill level wouldn’t have acted the same in comparable circumstances. 

Who can file a malpractice suit?

Armed with the information about what is a malpractice suit, you can now factor in your circumstances. The thing you’re most likely wondering about is whether you can file a medical malpractice suit. 

No need to worry. If you were a victim of medical negligence, you have the legal right to file a lawsuit if you can prove the four elements discussed above. 

The liable party can be any medical professional, but you can also sue a medical institution. According to vicarious liability, if a hospital employs the physician, they are responsible for hiring them and are thus also responsible for the actions of their employees. 

Common types of malpractice cases

Any injury that meets the criteria outlined above is valid. Still, some malpractice cases are more common than others. This includes:

1. Misdiagnosis

If a doctor establishes an incorrect diagnosis, there’s a high probability of delayed or incorrect treatment as well - both can cause significant injuries to the patient. Misdiagnosis also encompasses cases where the doctor established a diagnosis too late or made no diagnosis whatsoever.

2. Medical errors

When a medical professional provides improper treatment, such as when an anesthesiologist administers the wrong dose of anesthetic, if it causes injury, the patient has grounds to sue them for negligence citing botched treatment. 

3. Surgical malpractice

Surgeons, while highly trained, are not strangers to errors. In addition to botched procedures, surgeons also often leave surgical instruments inside the patients’ bodies or even operate on the wrong body parts. 

4. Birth injuries

If a physician failed to monitor a baby’s fetal heartbeat and take preventative measures, any resulting injuries are solid grounds for a malpractice case. Similarly, if the medical professional doesn’t diagnose a uterine rupture, the mother may also pass away, which also falls into the category of birth injuries.

Start the fight for justice now

If you suffered substantial harm as a result of a medical professional’s negligence, you owe it to yourself to file a lawsuit. A lawsuit is the only way to recover fair compensation for all the physical and mental harm you suffered. 

But it’s not just about the money. Filing a suit will ensure that the negligent medical professional is held accountable for their mistakes. Your pursuit of justice also helps other patients from suffering the same fate as you, which is a noble endeavor.

Considering the complexities involved, the best way to improve your chances of winning is to hire a specialized malpractice attorney. While there are many law firms to choose from, go for one with experience and specific expertise in the medical field. 

At Sowell Chakour, you get legal counsel that checks all the boxes. Our track record is impeccable, and we even employ attorneys who worked as surgeons in the past. So if anyone can accurately review your malpractice case, it’s us. 

Schedule a free consultation by calling (833) 633-6257 or filling out our contact form.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions 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.