Medical malpractice occurs when the malpractice or negligence of a health care practitioner results in the injury of a patient. Typically speaking, medical outcomes are not assured – for example, some operations can lead to risky complications and some are known to be risky – so, unsuccessful or accidental results do not mean that negligence has occurred. In a medical malpractice case, a complainant needs to prove damages or injury caused by the deviation of the doctor from the applicable standard of care. For instance, a physician who has left behind a scalpel inside a patient can be sued for medical malpractice.

A jury will seek expert evidence, usually from other doctors, who will affirm whether they agree that the actions of your doctor are in accordance with established medical procedures or if it is below the standard quality of care.

Filing for a medical malpractice claim is usually different for every state which might sometimes require you to inform your doctor beforehand. However, some general principles or criteria exist for all medical malpractice lawsuits which are reviewed below.

 

Standard Criteria For A Medical Malpractice Lawsuit

The following must be valid and shown to prove the existence of medical malpractice.

 

The existence of a relationship between the patient and the doctor.

There must be a relationship between the health care practitioner and the victim before the lawsuit can be recognized in court. This implies that the victim and the physician had an agreement to be hired. For instance, a lawsuit cannot be filed against a physician who was offering advice at an event. But it is easy to prove the existence of a relationship between the victim and the physician once treatment procedures have taken place. Issues about the existence of a relationship can arise when the victim is not directly treated by the physician.

 

The negligence of the health care practitioner

An unhappy experience with a health care practitioner does not usually imply that medical malpractice should be invoked. There must be a case of negligence on the part of the physician in relation to the treatment. This implies that a physician must prove that the injury should have been avoided if the doctor was competent enough. It is common that an expert must be present to prove that the physician’s negligence resulted in the injury.

 

The injury resulted in additional damages

A patient might not be able to file a medical malpractice claim against a health care practitioner if the patient did not undergo the following harm:

• Mental pain
• Physical pain
• Loss of employment
• Extra medical expenses.

 

Types Of Medical Malpractice

Several occurrences that can result in filing for medical malpractice can be categorized into the following.

 

Inappropriate treatment

A medical malpractice lawsuit can be filed when a physician treats a patient in a way a competent physician shouldn’t. Also, medical malpractice can be filed if a physician is aware of the proper treatment but didn’t administer it.

 

Wrong diagnosis

If the physician makes a wrong diagnosis or discovers an illness that is different from what the patient is experiencing that subsequently resulted in an injury, harm, or worse health condition, the patient is eligible to file for a medical malpractice claim.

 

Failure to inform the patient of familiar health risk

It is the duty of a health care practitioner to inform the patient of any potential health risks. This is regarded as the duty of informed consent. Informing a patient about the potential risks associated with a medical procedure might stop the patient from going through with the procedure. However, a patient can file for a medical malpractice claim if a medical procedure caused harm to the patient that could have been avoided if the patient had been aware before the procedure.

 

Unique Requirements In A Medical Malpractice Lawsuit

There are special requirements in different states before filing a medical malpractice lawsuit. Being aware of these procedures and requirements is very important.

 

The medical malpractice claim must be filed not long after the injury

Some states require victims to file a medical malpractice claim not long after the injury has occurred. The deadline for filing a medical malpractice in some states usually falls within six months and two years. Courts have no problem disregarding the facts and dismissing the case if the lawsuit is not filed before the specified deadline. The time for every case in each state also starts counting differently.  In some states, the time begins as soon as the patient finds out about the injury.

 

 

A special panel that will review the case

Most states expect a patient to present the medical malpractice claim to a specific review panel. The panel will provide a professional review of the evidence, arguments, and testimony and confirm the existence of medical malpractice. Although the decision of the panel won’t be substituted for the actual medical malpractice claim, but can be presented in court and very important before the lawsuit can be presented in court. This process ensures that medical malpractice is valid before reaching the court.

 

Notice requirements

Doctors are expected to be notified of a medical malpractice claim in some states before anything can be filed. 

 

The testimony from an expert

An expert’s opinion is very important during a patient’s case. It is usually required during trial. The eligibility of an expert to provide an opinion in a malpractice case varies according to each state, but there are obvious circumstances where an expert opinion might be irrelevant, such as when a physician forgets a surgical apparatus inside a patient after a surgical procedure.

 

Limits on awards for damages

Limits are usually placed by most states on the amount that can be awarded or compensated to a patient for a medical malpractice claim.

Generally, medical malpractice claims require a high degree of expertise. If you think your doctor is negligent, but unsure, speak to a legal professional specializing in such cases, who can help you. Contact an attorney to provide the answers you need.