Medical Malpractice Lawsuits

Medical malpractice lawsuits are unlike other lawsuits and are one of the most pressing issues facing the medical community today. The definition of medical malpractice is easy enough. It is an act or a failure to act by someone in the medical community which diminishes the accepted standards of services and practices of the medical community. In short, professional negligence that harms a patient. The defendant in a medical malpractice case can be a doctor or an entire institution. This means that a hospital, nursing home or clinic can be the defendant. It can include nurses, dentists, doctors, therapists, and others. Successful medical malpractice cases are able to prove that the medical professional was negligent in their duty of medical care to the patient. This can be through misdiagnosis, delayed diagnosis, medication errors and more. The case will prove this through expert testimony, health records and sworn testimony from others in the medical field who could be witnesses. Medical malpractice attorneys often seek both compensatory and punitive damages. These may be both economic and non-economic. Non-economic damages are more for pain and suffering and also cover psychological care. Economic damages vary from patient to patient and are based on medical bills, earnings and earning potential.

Fast Facts

  • Of the 35,000 doctors who have had 2 or more payouts for medical malpractice since 1990, only 7.6% have been disciplined.
  • Only 13% of doctors with 5 or medical malpractice rates have been disciplined.

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