Medical Malpractice

Every year, thousands of victims of medical negligence file medical malpractice lawsuits. Medical malpractice can result in serious personal injury and/or wrongful death, and a medical malpractice lawyer can help those seeking entitled damages. It is usually a result of medical negligence, in which the physician does not meet medical standards. According to the National Academy of Sciences, approximately 98,000 Americans die from "medical mistakes" each year.

Signing a physician's consent form does not mean you consent to substandard medical attention. Medical malpractice cases can be brought against physicians for any of the following reasons:

• Medication errors
• Improper diagnosis
• Failure to diagnose
• Failure to advise of diagnosis
• Lack of informed consent
• Abandonment
• Surgical procedure error - mistake during surgery
• Medical instruments left inside the patient after surgery

Those that have suffered an injury as a result of medical malpractice should file a lawsuit with a medical malpractice lawyer as soon as possible.

Medical Negligence

Medical negligence refers to the failure of a physician or other medical personnel to meet the standards of conduct for duties relating to the medical profession. Medical professionals are beholden to a standard of practice that is uniform for everyone within their field. When they engage in treatment that violates the accepted standards, and that treatment results in injury to the patient, this constitutes medical malpractice. The standards of conduct expected for duties relating to the medical field are based on what a reasonable person with the requisite knowledge and skills would or would not do. A doctor who prescribes the wrong medication may be held accountable for medical malpractice if a lawsuit is filed because the knowledge needed to give the correct prescription is specific to his field and known by any reasonable professional in that field.

Medical Malpractice Damages

There are two types of medical malpractice damages that are applicable in a medical malpractice case, actual damages and punitive damages.

• Actual damages - refers to the cost of additional treatment, loss of wages, loss of future wages,
  and pain and suffering resulting from medical negligence.
• Punitive damages - refers to damages awarded when medical malpractice is the result of reckless
  or willful behavior on the part of the physician.

Medical Records

The majority of medical malpractice lawsuits are personal injury cases, which often require a review of personal medical records. A medical expert will be asked to consult on the case and if, after a review of the records, the expert determines that medical malpractice led to the injury, a lawsuit can then be filed.

Limits on Recoveries for Medical Malpractice Lawsuits

Some states have imposed laws that cap or limit the maximum amount of money an individual can recover in medical malpractice lawsuits . However, many of these laws are being challenged in several state Supreme Courts, such as Illinois and Ohio. Therefore, it is important to remember that although there may be a cap in your state, it may not hold up in court. A medical malpractice lawyer can determine if you have a valid lawsuit and are entitled compensation due to medical negligence.