Medical Malpractice Cases

A medical malpractice lawsuit can be a draining process for the victim, even with the help of a qualified medical malpractice attorney. Medical malpractice cases can be time consuming and expensive. Because of this, it is important to make sure that the medical malpractice case is strong and that there is a good chance for recovery of damages. It can be difficult to determine the validity of a medical malpractice lawsuit without the aid of a medical malpractice attorney, but generally small claims malpractice cases (where the money expected to be recovered is significantly less than the amount spent during the lawsuit) are not justifiable to the client or medical malpractice attorney.

Medical Malpractice Liability

In the past, only physicians could be held liable for medical malpractice cases - the law treated physicians as independent contractors regardless of whether they were on the staff of a hospital. Now, however, the courts consider the relationship between physicians, hospitals, and HMOs as an employer/employee situation in which the hospital or HMO has some control over the physician's actions. If a hospital or HMO limits the actions of a doctor and a patient is injured as a result, the hospital or HMO can be held liable in a medical malpractice lawsuit.

Elements of a Medical Malpractice Lawsuit

Duty to the Patient

There are several key elements to medical malpractice cases. The first element for the medical malpractice attorney to determine is whether the physician had a "duty to the patient." In other words, did the doctor agree to treat the patient? If the doctor did agree, then a certain degree of competence and skill is expected. In addition, there are instances where the physician may have a duty to persons other than the patient. For example, a patient may suffer an epileptic seizure that leads to an auto accident. The physician may be held liable for the injuries of other parties in a medical malpractice lawsuit because he or she failed to diagnose the patient's condition.

Expert Testimony

The second element of a medical malpractice lawsuit requires the presentation of expert testimony that defines what the acceptable standard of care is and explains how the physician did not administer the proper care.

Causation

The third element of medical malpractice cases is known as causation; the medical malpractice attorney or victim must prove that the physician's actions caused harm to the patient. This can be determined by asking if the patient would have been harmed in the absence of the doctor's actions. For example, would a surgical patient have been harmed if the surgeon had not left a medical instrument in the patient's body? If the answer is no, then the surgeon's actions caused harm to the patient, and thus fit the requirements for causation.

Physician Medical Malpractice Records

In the past, physician medical malpractice records were not made available to the public. Only state medical boards, hospitals, and other credentialing organizations were allowed to view them. However, in the face of public demand, some states are enacting legislation that allows patients to discover whether or not their physician has been the subject of a medical malpractice lawsuit. These records can be made available through each state's board of medicine, insurance claims records, and the National Practitioners Data Bank .

What are Examples of Common Medical Malpractice Cases?

Medical Malpractice can occur in any area of medicine in which a patient can be injured as a result of poor treatment. Victims of this negligence can contact a medical malpractice attorney, file a medical malpractice lawsuit, and seek entitled restitution. The following are common examples of areas in which medical malpractice can occur.

Anesthesia - The administration of anesthesia requires the use of sensitive techniques. Improper use of the anesthetic agents, oxygen, and other substances and equipment can result in serious physical impairment or death. It is also important to note that before anesthesia is administered, the acting anesthesiologist must check to make sure that the patient does not have any conditions that may cause complications - failure to thoroughly check for these conditions or proceeding despite them can also lead to serious injury, and are common bases for medical malpractice cases.

Burn therapy - Emergency therapy on serious burns must adequately prevent excessive injury, loss of tissue, or death; otherwise, the care providers can be held liable in a medical malpractice lawsuit.

Child delivery - Medical professionals assisting with pregnancy and childbirth have many issues to consider and with which to contend. These include Rh-incompatibility, large baby syndrome, and many other complications that can cause malformations, birth injury, cerebral palsy, or brain damage. If inattentive care has in any way caused such an outcome, the care providers may have committed medical malpractice.

Surgical Errors - Surgery on almost any organ or other structure of the body can carry risks. If evaluation, preparation, any part of the surgery, or postoperative care is performed incorrectly, the procedure may fail or serious side effects can occur. A medical malpractice attorney experienced in medical malpractice cases can help victims of surgical errors determine if they have a valid medical malpractice lawsuit.

Medication Issuance - Issuing insufficient amounts of medication or improper instructions in its usage can be detrimental to the patient's health.

General failure to diagnose - Injury that results from medical professionals making an incorrect diagnosis when given significant information is a typical cause of a medical malpractice lawsuit. This can occur in cases of diseases, damage to bone structure, exposure to toxic chemicals, and numerous other conditions. Failure to diagnose breast cancer can account for as much as 40 percent of medical malpractice cases.

Experimentation - Medical personnel that employ procedures or drugs that are unapproved by reputable medical organizations are at risk for medical malpractice.

General Improper Procedure - Medical professionals can make simple mistakes that can be costly to the injured. Examples include delays in treatment or failure to obtain proper consent for treatment. Victims of such carelessness should contact a medical malpractice attorney immediately after they suspect negligence has occurred so the responsible party can be held accountable for the medical malpractice lawsuit.