Filing a Medical Malpractice Claim: Everything You Need to Know
No one expects to be harmed by their healthcare provider. But it happens more often than you’d think. In the United States, there are between 15,000 to 19,000 medical malpractice cases filed against doctors every year. These staggering numbers are likely to be inaccurate as many cases often remain unreported.
Medical malpractice occurs when a healthcare professional fails to provide the established standard of care, causing the patient to suffer temporary or permanent injuries or illnesses.
If you or a loved one has been a victim of medical negligence, it is important to understand all the technicalities of your situation. Let’s take a look at the common types and examples of medical malpractice and break down the process of filing a claim.
Types of Medical Malpractice
Medical malpractice can take various forms and harm patients in a number of ways. Here’s a brief breakdown of common types of medical malpractice:
Misdiagnosis
Diagnostic errors are common yet often overlooked. Misdiagnosis occurs when a doctor fails to identify a patient’s illness or injury. This can lead to a host of problems, such as incorrect medications and worsening of a patient’s condition.
Organ damage, cancer, heart problems, and HIV/AIDS are often misdiagnosed. A doctor might misdiagnose a stroke as a migraine or a heart attack as indigestion.
Delayed Diagnosis
Doctors are supposed to diagnose a patient’s condition and take immediate steps to treat it. However, when there is a delay in diagnosis, it could be too late to fix. A doctor’s negligence in ordering timely tests and failing to communicate test results can harm patients.
Surgical Errors
Even the most commonly performed surgeries come with risks. Avoidable surgical errors fall under medical malpractice. Here are some examples:
- Not following standard surgical guidelines
- Operating on the wrong body part
- Operating on the wrong patient
- Leaving foreign objects inside the body, such as sponges or gloves
- Improper handling of organs during transplants
- Improper handling of tissues, leading to internal bruising
- Failure to monitor vital signs during and after surgery
- Failure to follow proper anesthesia protocol
- Making incorrect incisions
- Failure to provide adequate post-surgical care
- Failure to prevent infections after procedures
Surgical errors can cause serious harm and permanent disabilities.
Birth Defects
Medical malpractice during childbirth is extremely common. In the United States, 7 out of every 1,000 births are impacted by medical malpractice. Healthcare professionals must be attentive to the risks involved during childbirth.
Medical malpractice during childbirth can lead to various issues, such as:
- Cerebral palsy
- Erb’s palsy
- Neonatal Encephalopathy (NE)
- Brachial Plexus Injury
- Shoulder Dystocia
- Congenital Heart Defects
- Fetal Macrosomia
Medication Errors
Prescription drug errors are one of the most common forms of medical malpractice. It can take various forms, such as prescribing the wrong medication, giving a patient the incorrect dosage of the medication, and not considering a patient’s reaction to the given medication. Medication errors can cause adverse side effects and delay a patient’s recovery.
Don’t let negligent medical providers get away. Hire a personal injury lawyer specializing in medical malpractice to seek justice and compensation.
The laws for personal injury can vary from one U.S. state or city to another. The law for statute of limitations might be different in Chicago, Illinois, than in Miami, Florida. If you’re living in Chicago, hire injury lawyers fighting for Chicago medical malpractice cases to improve your chances of getting fair compensation.
How to Establish a Medical Malpractice Claim
Establishing a medical malpractice claim is often long and complicated. You need to demonstrate various elements of a case, including evidence collected before, during, and after the incident. Key elements include:
A Provider/ Patient Relationship Existed
The first step in filing a medical malpractice claim is demonstrating that a patient/ provider relationship exists. Even registering at an emergency room and consulting a doctor counts as a relationship. This will showcase that the doctor owed a duty of care to you or your loved one.
The Duty of Care Was Breached
Like all personal injury cases, you need to demonstrate that the healthcare provider breached the duty of care. All healthcare providers are supposed to adhere to a standard of care. When they fail to comply with these guidelines, you have grounds for filing a medical malpractice claim.
The Breach Resulted in the Injury
Proving that a healthcare provider was negligent isn’t enough. You need to demonstrate that the breach of duty resulted in illnesses or injuries. If the doctor acted negligently, but your injury was unrelated to the doctor’s behavior, you can’t prove medical malpractice.
You Suffered Losses
Lastly, you need to prove that you suffered from considerable damage due to medical malpractice. This can include physical pain, financial loss, and emotional suffering.
Once you have the key elements in place, you can file a lawsuit in a court of law. As the plaintiff, you need to prove that the defendant was negligent.
What Kind of Damages Can You Seek
The worth of your medical malpractice claim depends upon various factors, such as the severity of the medical errors and their long-term effects. The plaintiff can primarily seek two types of damages due to medical malpractice:
- Economic damages: Economic damages include medical expenses, life care expenses, and loss of income. Your attorney will analyze the victim’s present income and potential for growth to determine a fair compensation amount. Moreover, any future medical expenses, such as physiotherapy or rehabilitation, also come under economic damages.
- Non-economic damages: The consequences of medical malpractice go beyond physical harm. A patient might experience emotional distress, psychological anguish, and discomfort. Moreover, the loss of consortium also makes grounds for non-economic damages. It refers to the loss of companionship and comfort a spouse provides.
Economic and non-economic damages fall under compensatory damages. In many cases, victims can seek punitive damages, which are awarded when the defendant is found guilty of malicious misconduct or extreme negligence.
Suppose a doctor performed surgery but intentionally did something else to make the patient return for a costly follow-up treatment. In that case, this situation can call for a form of punishment or punitive damages.
Whether you’re filing for compensatory or punitive damages, consult with a lawyer to make your case bulletproof. A competent personal injury lawyer will leverage the right laws and collect evidence to make sure you get compensated for economic and non-economic damages.
