A medical malpractice claim is a claim of negligence made by a professional medical practitioner, such as a doctor, nurse, surgeon, specialist, medical center, or hospital worker, whose treatment of a patient deviates from the level of care not fulfilled by those with comparable expertise and training, leading to injury to an individuals or patients.
The elements of a personal injury claim are like a medical malpractice case in that a plaintiff must prove:
- The defendant owed a duty of care.
- The duty of care was breached.
- As a direct result of the breach, damages occurred.
- The plaintiff suffered harm.
Types of Medical Malpractice Cases:
The following are some of the most typical types of medical malpractice cases.
- Misdiagnosis: This happens when a patient is misdiagnosed with the wrong medical condition. Misdiagnosis can be harmful if it leads to delayed or improper treatment.
- Negligent Failure to Treat: A medical malpractice claim can be filed if a care provider fails to provide proper treatment.
- Botched Treatment: If a care practitioner offers treatment but does so incorrectly, patients may be able to file a medical malpractice claim.
- Surgical Malpractice: Surgeons can make a wide range of mistakes. Aside from botching procedures, doctors may leave equipment inside patients or operate on the incorrect body area.
- Birth Injuries: Birth injuries may occur when the mother's or baby's life is put at risk.
Types of Damages:
In a successful medical malpractice lawsuit, person can be compensated for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of consortium
- Minor physical injury
- Death
Unique Considerations in Medical Malpractice Suits:
Anyone considering suing for medical malpractice should first learn a few facts.
- Statutes of Limitations Vary State-to-State: Most states require plaintiffs to file within a certain period after the alleged mistake.
- Medical Malpractice Award Caps: In malpractice lawsuits, certain states limit compensatory damages, punitive damages, and/or total damages.
- Defendant Notification: Some states require plaintiffs to notify about the subject of their malpractice lawsuit of their intent to file. The message may include details about the alleged negligence and the damages sought.
What Kinds of Cases Are Handled by a Medical Malpractice Attorney?
Here are a few examples of cases that medical malpractice attorneys frequently handle:
- Misdiagnosis
- Delayed Diagnosis
- Failure To Treat
- Surgical Errors
- Medication Error
- Birth Injury
- Prescription Errors
One Good Example for a Medical Malpractice Claim:
Unnecessary Surgery and Sterilizations in Virginia:
This case revolves around a Virginia-based obstetrician and gynecologist who was sentenced to 59 years in jail for medical malpractice that spanned over a decade.
A criminal complaint has been filed against a doctor, accusing him of 26 counts of medical care fraud, 32 counts of false statements connected to healthcare problems, and 3 counts of aggravated identity theft, according to court documents. He was later found guilty on 51 charges of healthcare fraud and making false claims.
Patients said that the doctor coerced some women into having unnecessary invasive and irreversible operations, like hysterectomies. In more than one case, he warned a patient that if the surgery was not performed, they would acquire cancer. He also habitually faked data to justify needless surgeries and falsified hysteroscopies and colposcopies to bill healthcare benefit systems.
In addition, he was found guilty of executing sterilisation procedures (most typically, bilateral tubal ligations) without waiting the required 30-day interval, by entering fraudulent dates on consent documents submitted to Medicaid for reimbursement.
The court received more than 60 victim impact statements, according to the New York Times, and the procedures resulted in more than $20 million in fake reimbursement claims. In one instance, he removed a patient's fallopian tubes without her knowledge or consent.
How Long Does a Medical Malpractice Claim Take?
The duration of medical malpractice claims varies greatly. Although simple and uncomplicated claims for small injuries can be resolved in a matter of months till the defendant admits wrongdoing, more complex and serious cases almost invariably take longer, with a typical duration limit of 2 to 3 years.
Statute of Limitations for Medical Malpractice Lawsuits
The statute of limitations for medical malpractice lawsuits limits the length of time you must file a medical malpractice claim against a healthcare professional. It exists to make sure individuals act quickly to file claims while there is still ample evidence available. Depending on where you live, the deadline for pursuing a case range between two and five years.