| Finding out your injury or illness was made worse | | | | the judgment or motion for an appeal. |
| at the hands of the medical professional you | | | | Damages can be assessed in different ways |
| trusted the most, or that the same medical | | | | depending on jurisdiction and the type and extent |
| professional caused you more harm, can be | | | | of the injuries. This figure can include both |
| devastating. When this occurs it is called medical | | | | compensatory and punitive damages. |
| malpractice and legal action can be taken to help | | | | Compensatory damages can consist of both |
| you get what you are owed. | | | | economic and non-economic losses. Economic |
| Medical malpractice is legally defined as | | | | losses are financially based and include things such |
| professional negligence by exact act or oversight | | | | as: lost wages, medical expenses, care expenses, |
| of a health care provider where the level of care | | | | and future care expenses. Non-economic |
| departed from typical practices and standards of | | | | damages are usually figured for the exact injury |
| the medical community resulting in injury or death | | | | itself and include: all physical, mental, or emotional |
| to the patient. While the standards and regulations | | | | harm resulting from the injury (examples include |
| that cover medical malpractice vary from state | | | | loss of an organ or a limb, loss of hearing or |
| to state, every state requires medical | | | | vision, loss of quality of life, continual distress, and |
| professionals to hold professional liability insurance | | | | pain). While punitive damages may be included, |
| at all times in order to compensate for the costs | | | | they are typically only awarded when reckless or |
| of lawsuits. | | | | unjustifiable behavior has taken place. |
| When a medical malpractice claim needs to be | | | | The idea of medical malpractice is quite scary and |
| filed, the patient becomes the plaintiff in the case | | | | can cause a great deal of distress for anyone |
| (or if the malpractice resulted in death, the | | | | who has suffered at the hands of a professional. |
| executor of the deceased patient's estate would | | | | More alarming are the statistics that have been |
| be the plaintiff), and the medical professional | | | | brought to light over the last decade. Several |
| becomes the defendant in the case. | | | | recent studies have found the vast majority of |
| In order to bring a case forth, the plaintiff should | | | | malpractice cases could have and should have |
| consult with an attorney to determine if the case | | | | been avoided. One such study found that an |
| is viable. For the case to be viable, the plaintiff | | | | average of nearly 200,000 deaths that occurred |
| must be able to prove that the case meets all | | | | in United States hospitals for the years |
| four main rudiments of the tort of negligence as | | | | 2000-2002 were due to "potentially preventable |
| follows: | | | | medical errors". (Statistic courtesy of |
| 1. A legal duty was owed: A legal duty exists | | | | Healthgrades). Couple this fact with a 2006 study |
| when a medical professional or medical facility | | | | that found medication errors account for the |
| agrees to take part in the care of a patient. | | | | majority of medical mistakes and harm nearly 1.5 |
| 2. A legal duty was violated: This can occur when | | | | million people annually (statistic courtesy of the |
| the medical professional fails to adhere to basic | | | | Institute of Medicine) and you have some very |
| standards of care. The standard of care can be | | | | concerning numbers to consider. |
| proven in court by evidence of an obvious | | | | If you feel as though you have been the victim |
| mistake or by use of expert testimony. | | | | of medical malpractice it is always a good idea to |
| 3. The violation resulted in an injury: The violation | | | | speak with an attorney that specializes in the field. |
| of legal duty directly caused the injury in question. | | | | He or she will be able to determine if your case is |
| 4. Damage: There must be measurable damages | | | | sound, know exactly how to handle your claim, |
| in order to proceed with a claim of medical | | | | gather the necessary information, and guide you |
| malpractice. | | | | down the path that will yield the best result. As |
| Once it has been determined that the | | | | with many other areas of the law, medical |
| above-mentioned areas have been met, the | | | | malpractice does have a set statute of limitations, |
| plaintiff must have the attorney file a lawsuit with | | | | however it does vary somewhat from state to |
| the court system. From here both sides are in | | | | state. Since there is only a limited amount of time |
| contact and all information must be shared | | | | to bring forth a claim you should not wait to take |
| through the process known as discovery. If both | | | | action. |
| parties can reach an agreement, the case can be | | | | If you are still unsure if you should hire an |
| settled out of court. If both parties cannot reach | | | | attorney you should know that legal counsel is a |
| an agreement, the case will then head to trial. | | | | necessary part of the medical malpractice |
| When the case heads to trial, the plaintiff has the | | | | process. These cases are very complex legal |
| burden of proof by a preponderance of evidence. | | | | matters, and they are not matters that can be |
| Both parties will present their arguments, | | | | handled without proper representation. Most |
| supporting evidence, and experts to testify on | | | | medical malpractice attorneys work on a |
| what was witnessed, what was done properly or | | | | "contingency basis", which means that you do not |
| incorrectly, and what the standard of care should | | | | have to pay upfront or for any services until the |
| have been. When the arguments conclude, the | | | | case is settled. At the time the case is settled, |
| judge or jury then weighs all of the evidence that | | | | the attorney will take a percentage of the total |
| has been presented to determine whose case is | | | | compensation awarded. You should not feel |
| more plausible. At this time either the judge or | | | | ashamed or guilty about hiring an attorney to help |
| the jury will reveal the verdict, and if the plaintiff | | | | you through this process. Doctors have plenty of |
| is found to be the winner, the judge or jury will | | | | attorneys to handle their matters and protect |
| assess the damages to determine the judgment | | | | them, and you deserve the same level of |
| of the court. The losing party can either accept | | | | protection. |