Generally, a person will file a medical malpractice lawsuit with an attorney if they feel they have received substandard care from a health care professional, such as a doctor or dentist, that has directly resulted in financial or physical harm to her or a member of her family. When talking about substandard care, this generally means care that has violated normal medical practices. To prove medical negligence there must be three factors, including a direct causal link, liability, and damages. In order for you to meet the liability requirements, it must be proven that a professional relationship existed between the health care provider and you. Meeting this requirement is rarely a problem, but being able to prove poor care could be a bit difficult. It depends on what the offense was.
The economic damages, injuries or suffering must be proven and be the direct result of negligence. Most parts of medical care have risks even if proper care is taken. Unless your attorney can prove negligence for an outcome that was bad because of the procedure or medical care alone, they are not grounds for a malpractice lawsuit. When it comes to medical malpractice, it can take many different forms. Some examples include:
• Failure to diagnose a life-threatening illness
• Medication errors
• Surgical errors
• Delivery room or prenatal care
• Not giving the right follow-up care
• Anesthesia calculation errors
According to the Journal of the American Medical Association, approximately 225,000 deaths occur each year due to medical malpractice. This makes it the third leading cause of death in the United States. About nine percent are caused by medication errors, miscellaneous errors, or unnecessary surgery. About eighty-two percent are due to hospital contact infection or adverse drug reactions.
It is more difficult to file malpractice lawsuits against hospital employees than against private doctors. Certain hospital staff members are often provided by private contracts, so in these cases, the contractor and the negligent party are named in the medical malpractice claim and not the hospital. When there are multiple parties affected by the same negligent group, it makes more sense to file a class action lawsuit, which may list hundreds or more of plaintiffs. If the case is won, the monetary award, after paying court costs and legal fees, is distributed to the plaintiffs.
The laws governing medical malpractice claims will vary from state to state and may require different or additional criteria. When choosing a lawyer, make sure that he or she specializes in this field of law.