Do I Have a Medical Malpractice Case?

Though the term medical malpractice is used frequently in the American lexicon, many individuals do not have a firm grasp of what does and what does not constitute medical malpractice.  Additionally, there is also a limited appreciation by the general public of the exact magnitude of medical malpractice occurrences and injuries in the American healthcare system to this day.  Though the debate regarding medical malpractice, stopping medical malpractice in healthcare providers, and tort reform protecting healthcare providers from frivolous suits or ensuring a patient’s right to sue cannot be solved in this article, a general overview of what constitutes medical malpractice will be, as well as some of the legal elements necessary to pursue a successful medical malpractice claim.

How Does a Doctors Malpractice Happen?

Medical malpractice occurs when a patient, who is under the care of a healthcare provider, receives medical care that is below the contemporary standard of care in a given medical circumstance.  Medical malpractice be the result of negligent actions from a host of healthcare providers, including doctors, physicians, surgeons, nurses, dentists, and virtually any other medical professional entering into a duty to administer patients under the charge a reasonable standard of care.  When healthcare providers fail to meet these standards of care, medical malpractice has occurred. Medical malpractice can include in a litany of manners in the modern healthcare arena, however, some of the most common cases involving medical malpractice include: 

• Failure to diagnose
• Delayed diagnosis
• Prescription drug errors
• Anesthetic errors
• Wrong site surgeries
• Iatrogenic brain injuries
• Wrong diagnosis
• Surgical injuries
• Dental or oral injuries
• Cosmetic surgery errors
• Gross, reckless, or wanton endangerment

Again, all of these items only note that a healthcare provider was negligent in their care of patients.  A medical malpractice case cannot be pursued successfully without proving that not only did this negligence, or failure to administer a reasonable standard of care, occurred, but also, that the negligence resulted in damages to the patient.

Proving Damages Stemming from Medical Malpractice

In order for victims of medical malpractice to obtain compensation for their injuries, the injuries must have occurred.  In essence, damages must be present or have occurred, which can be shown to be as the direct result of being under the negligent care of a healthcare provider.  Medical expert witnesses are often used in medical malpractice trials and litigation to provide juries with expert opinions and attest to the breach of a reasonable standard of care by negligent healthcare professionals.  Likewise, medical records and other documentation are presented to denote the types of injuries, timelines, and all other relevant factors surrounding a medical malpractice suit.  Proving damages, however, may include more than just medical evidence denoting physical injuries.  Damages noted in many medical malpractice trials will include:

• Pain and suffering
• Loss of enjoyment of life
• Loss of life, or wrongful death
• Loss of chance of a cure
• Lost wages
• Psychological, mental, or emotional trauma
• Reactive medical expenses
• Permanent disability
• Temporary disability
• Disfigurement and scarring

In addition to the primary healthcare provider being held negligent for one’s damages, healthcare provider companies, hospitals, and the federal government can be held negligent and liable for damages in the event that a healthcare program employing a negligent healthcare professional was federally funded.

What is NOT a Medical Malpractice Case?

Though the number of cases of medical malpractice is staggering, many individuals may make claims of medical malpractice, which in essence, are not supportable.  Rude, inconsiderate, or even, violations of licensing, ethics, and general civility are not deemed as plausible medical malpractice cases unless these actions were directly responsible for damages in the patient.  Additionally, the human body oftentimes endures a great toll and stress in cases of injury or over the course of a lifetime, and in these instances, human beings may lose their life while under the care of a healthcare provider, or suffer serious medical consequences.  This is a normal fact of medicine, and unless healthcare providers somehow deviated from an acceptable standard of care when dealing with these patients, there is no plausible claim to medical malpractice damages that may be made.