Medical Malpractice: Can I Sue my Doctor for his Mistake?

Medical malpractice or Medical Negligence is the failure of a doctor, hospital, nurse or other medical source to provide care that meets the required standard of care.  A medical malpractice claim or lawsuit asserts that the failure to provide appropriate care caused injury and damages.  Damages include not only pain and suffering, but medical expenses, lost wages, etc.

As recipients of health care, patients have the right to expect competent services from their medical providers.  Providers should properly diagnose the disease or condition, prescribe the correct type and amount of medication, and provide medical treatment or surgery with knowledgeable skill and consideration of risk.  Healthcare providers do not always meet these standards of care and as a result, the patient suffers.  In fact, according to a 2003 article published in the American Medical Association Journal, up to 98,000 deaths per year are the result of a medical error.

When Does Medical Malpractice Occur?

Medical malpractice happens in areas of medicine such as obstetrics/gynecology, neurosurgery, emergency medicine and orthopedics.  It can also occur in such specialties ophthalmology, family medicine, anesthesia, radiology and dermatology.  Surprisingly  outpatient surgery accounts for a higher percentage of medical errors than hospital-based surgery.  Still other cases of medical malpractice occur in the pharmacy or the laboratory.  Medical malpractice claims can result from a wide range of negligence, including:

• Misdiagnosis or Failure to Diagnose
• Pharmaceutical Error
• Birth Injury
• Anesthesia Error
• Infection/Bleeding
• Failure to Treat
• Errors in Surgery
• Nursing Negligence

When is it Considered Medical Malpractice?

An attorney that handles medical malpractice cases can provide assistance in determining if you have the essential components of a valid malpractice claim.  These components must be proven to prevail against a healthcare provider.  They include:

• A duty to the patient
• Negligent care (care that failed to meet required standard of care)
• Injury or death resulting from the negligent medical care

Finally, medical malpractice cases are subject to certain deadlines, timing and filing requirements and/or a statutes of limitations.  A patient is limited to a period of time in which to resolve his or her claim or file a medical malpractice lawsuit.  Certain circumstances can affect the time limit, so it is important to consult an attorney to ascertain the statute of limitations in each case.  If you have questions about a medical malpractice case, contact Brett H. Oppenheimer, Attorney, at brett@bluegrassinjury.com.