Medical malpractice is a type of personal injury lawsuit. The legal definition of medical malpractice varies from jurisdiction to jurisdiction. However, the generally accepted definition is any act or omission by a doctor or other medical professional that deviates from the accepted standard of care in the medical community and which causes injury to or the death of a patient. Medical malpractice lawsuits typically arise as a result of:
- Failure to diagnose;
- Misdiagnosis;
- Delayed diagnosis;
- Birth injuries;
- Medication errors;
- Surgical errors;
- Anesthesia errors;
- Drug Interactions; and
- Adverse reactions to medications or procedures.
It is important to note that not all errors or mistakes by medical professionals constitute medical malpractice because there is a certain degree of risk associated with all medical procedures, medical treatments, and use of medications.
Statute of Limitations in Medical Malpractice Lawsuits
The statute of limitations is the time period during which a lawsuit must be filed. State law governs the statute of limitations in all personal injury cases, including medical malpractice cases. The statute of limitations may vary depending upon the type of medical malpractice case being filed and the allegations contained in the medical malpractice complaint. In some instances, the statute of limitations begins to run on the date the injury is discovered; in other cases, the statute of limitations begins to run on the date the injury occurred.
Proving a Medical Malpractice Case
Medical malpractice cases can be difficult to prove because sometimes it is unclear exactly what happened and who is responsible for what happened. Although the legal requirements for proving a medical malpractice case vary from state to state, to win a medical malpractice case, a plaintiff generally must prove the following four elements:
- That there was a doctor-patient relationship which gave rise to a duty of reasonable care;
- That the doctor breached the duty of reasonable care;
- That the plaintiff was injured; and
- That the breach of the duty of care by the doctor was the cause of the plaintiff’s injuries.
If a plaintiff proves all four elements, he may recover economic and non-economic damages. In some instances, a plaintiff may also recover punitive damages.
Getting Legal Help
Medical malpractice cases are very complex and require the knowledge and expertise of a medical malpractice attorney. A qualified medical malpractice attorney will evaluate your case and recommend the best course of action to ensure that you receive the compensation you deserve.
