Medical malpractice occurs when a medical professional failed to act in a manner that another such professional would in similar circumstances. Simply put, a physician or medical professional failed to act in a reasonable and prudent manner or behaved with negligence. If medical malpractice has occurred because a medical professional has been negligent, or if his actions or wrongdoing has caused illness or injury to a patient, the injured party may be able to seek compensation for losses and suffering.

Examples of Medical Malpractice

There are many examples of medical malpractice that can lead to a malpractice suit to recover damages for an injury, illness, or even death. Medical malpractice can include the failure to diagnose an illness, the misdiagnosis of an illness, birth injuries, prescription errors, abuse in a nursing home, errors during surgery, and other actions. Medical malpractice can also include the failure to perform a function that would have avoided an injury to a patient or any care that is substandard.

Medical Malpractice Statistics

A total of 98,000 people die annually in the U.S. as the result of medical mistakes, according to various studies by Harvard. Thousands more suffer injury because of medical mistakes. Despite those statistics, only two percent of those injured because of medical malpractice ever seek to recover monetary damages.

Legal Options

Anyone who has suffered illness or injury because of a medical mistake can seek legal recourse. If a child dies because of a medical mistake, his family has the right to seek to recover damages. An injury to a child can happen as the result of treatment, but an injury can also happen at birth. If anyone has died because of medical malpractice, his beneficiaries and dependents may file a claim.

Liability of Negligence

Surgeons, family doctors, anesthesiologists, nurses, emergency personnel, government institutions, and private hospitals can all be held responsible for malpractice if they have proven to act in negligent manners with patients. There may be specific state statutes that apply to your case.

Proving Liability

In proving guilt in a medical malpractice lawsuit, it must be demonstrated that the medical professional involved did not meet the standards established by medical law. You will need to find medical experts who will testify to this fact. You will need to prove that negligence caused the injury, illness, or death. You must prove the damages you claim.

Statute of Limitations

Because of the statute of limitations, you might only have a certain amount of time after the malpractice in which to seek legal action. Usually the time for which you have to claim medical malpractice begins when the mistake was made. In some cases, however, it begins when you discover the mistake. The statute of limitations can vary from state to state.

Just Compensation

Damages that can be claimed in a medical malpractice lawsuit include lost income for the time you or your loved one is not able to work, a diminished or lessened earning capacity on the behalf of the injured person, and other expenses. Someone can sue for non-economic losses that resulted in pain and suffering. Disability and disfigurement can be claimed. If the mistake a medical professional was especially gross or was intentional, damages to punish the professional, or punitive damages may be awarded.