Date: February 3, 2012
Written by: Timothy McArdle
Medical malpractice claims can be confusing, and initially victims may not even be aware that their injury was caused by medical malpractice. Medical malpractice is defined as professional negligence by a healthcare provider. Medical malpractice claims can be filed against individual providers, such as surgeons or nurses, as well as healthcare organizations, such as a hospital or laboratory.
Medical mistakes are all too common. However, to be considered medical malpractice, certain elements must be present. Primarily, a plaintiff must show that the healthcare provider acted negligently, or below the professional standard of care, and that the negligence caused or contributed to the patient’s injury. Examples of common medical malpractice cases include: surgical errors, medication errors, nursing home abuse, birth injuries, and failure to diagnose or misdiagnosis claims.
In cases where medical malpractice resulted in injury to a patient, a personal injury claim may be filed to seek compensation for pain and suffering, medical expenses, lost wages, and other damages. In cases where medical malpractice resulted in death, the family and heirs may file a wrongful death lawsuit requesting compensation for loss of companionship, loss of support, funeral expenses, medical expenses, and other damages. Compensation can vary significantly based on the details of your individual claim.
If you suspect your injury or your loved one’s death was a result of medical malpractice, speak to an attorney about your case. An attorney can evaluate your claim and help you determine the best course of action to pursue to ensure your rights are protected. Because there are deadlines for filing medical malpractice claims, it is essential that you contact a lawyer as soon as possible.« Back to Blog