What Is Medical Malpractice?
Understanding your rights when healthcare goes wrong. Get expert legal guidance on medical malpractice claims.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care in the medical community, resulting in injury or harm to a patient. It is not simply a bad outcome or an unsuccessful treatment – it requires proof that the healthcare provider acted negligently or failed to meet professional standards.
Four Essential Elements Required
To prove medical malpractice, all four elements must be present:
1. Doctor-Patient Relationship
A formal relationship must exist where the healthcare provider owes a duty of care to the patient.
2. Breach of Standard of Care
The healthcare provider failed to act as a reasonably competent professional would under similar circumstances.
3. Causation
The breach of care directly caused or significantly contributed to the patient's injury.
4. Damages
The patient suffered actual harm, injury, or financial loss as a result.
Common Examples of Medical Malpractice
Diagnostic Errors
- Misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Incorrect test interpretation
Surgical Errors
- Wrong-site surgery
- Retained foreign objects
- Nerve damage
- Anesthesia errors
Treatment Errors
- Medication errors
- Dosage mistakes
- Drug interactions
- Unnecessary procedures
Birth Injuries
- Cerebral palsy
- Erb's palsy
- Brain injuries
- Spinal cord damage
Types of Compensation Available
Victims of medical malpractice may be entitled to various forms of compensation:
Economic Damages
- Medical expenses (past and future)
- Lost wages and income
- Rehabilitation costs
- Assistive devices and equipment
- Home modifications
- Long-term care expenses
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium
- Mental anguish
Punitive Damages
- Awarded in cases of gross negligence
- Intended to punish and deter
- Not available in all states
- Reserved for extreme cases
Statute of Limitations
Every state has a statute of limitations that limits how long you have to file a medical malpractice claim. These deadlines vary by state but typically range from 1-3 years from the date of discovery. Some states have different rules for cases involving minors or wrongful death. It is crucial to act quickly, as waiting too long can permanently bar your claim.
Important Timeline Note
Every state has different statute of limitations for medical malpractice claims. Don't wait - contact us today to understand your specific timeline.
Ready to Take Action?
Don't let time run out on your medical malpractice case. Get expert legal help today.