Healthcare professionals and institutions have a responsibility to provide a required standard of care and safety to patients. In most cases, this standard is met and patients are properly cared for to the best of the healthcare professional’s ability. When this is not the case, a patient may be injured. This is where medical malpractice comes in.
If you or a loved one suffered injuries or damages as a result of a medical procedure or other medical care, then you may be able to file a medical malpractice lawsuit against the responsible party. If they are held liable for the accident, then you are entitled to compensation of the damages. If faced with this situation, contact hospital injury lawyers Memphis TN relies on. They can review your case and help determine the best course of action.
Common Types Of Medical Malpractice
There are many ways in which medical malpractice can occur. The following are the most common cases of medical malpractice:
- Surgical errors
- Delayed or misdiagnosis
- Injuries sustained during birth
- Anesthesia errors
- Operating on the wrong anatomical spot
- Lack of informed consent
- Failure to disclose all risks
- Poor communication of healthcare staff
- Documentation errors leading to injury
- Sexual abuse of a patient
- Errors in administering or prescribing medication
- Early discharge from care
- Inadequate follow-up care
Injuries and damages sustained from medical malpractice will typically vary by case. There are, however, a wide range of general damages that can be collected in a medical malpractice suit. Among these are:
- Medical bills including hospital costs, doctor fees, emergency care costs, Ambulance transport costs
- Lost wages
- Future lost wages
- Mental and emotional anguish
- Pain and suffering
- Therapy fees
Proving Medical Malpractice
Medical malpractice cases are dependent on proving negligence by the healthcare provider. WIthout proof of negligence, your case likely won’t be successful and compensation may not be possible. In order to prove negligence, you will need to include in your case the following elements:
1. Breach of the Standard of Care
There are state laws dictating the standard of care healthcare professionals are required to meet. If they fail to meet comply or meet the standard of care, then they have breached the requirement. If someone is hurt because the standard of care was breached, then medical malpractice comes in. In a medical malpractice lawsuit, you must be able to prove how the standard of care was breached.
2. A Patient Was Injured
A medical malpractice lawsuit requires an injury to have occurred as a result of the breach. You must prove that your injury was a direct result of a mistake on behalf of the healthcare professional or establishment.
3. Your Injuries and Damages Are Significant
The injuries sustained must be significant and have resulted in some sort of disability which affected your ability to work and function properly. In addition, the medical bill should be high and or ongoing.
If you are the victim of medical malpractice, you are likely experiencing struggles on some level. Though a medical malpractice lawsuit cannot undo the damages caused, it can help alleviate the financial stress. You shouldn’t have to handle this alone, so it is advised to contact a medical malpractice lawyer. They can review your situation and help you make a valid claim, as well as determine a fair settlement amount. There will likely be someone on the other side fighting your claim, so it’s important to have an experienced lawyer that can protect your rights and fight for your interests to the best of their ability.
Thanks to our friends and contributors from Darrell Castle and Associates, PLLC, for their insight into medical malpractice.