Medical Malpractice Litigation

Medical malpractice is any negligent act or omission by a medical professional which deviates from the accepted standard of care in the medical community and which causes injury to or the death of a patient.  Medical malpractice may be the result of a mistake or an intentional deviation from the accepted standard of care. 

Medical Malpractice Litigation

The negligent acts and omissions of medical professionals give rise to thousands of medical malpractice lawsuits each year.  Medical malpractice litigation is very complex and expensive and requires the expertise of a knowledgeable medical malpractice attorney who is capable of reviewing medical records, hiring expert witnesses and funding the case.

There are numerous categories of medical malpractice including:

• Misdiagnosis
• Failure to Diagnose
• Delayed Diagnosis
• Medication Errors
• Surgical Errors
• Medical Procedure Errors
• Birth Injuries
• Anesthesia Errors
• Drug Interactions
• Adverse Reactions to Medications or Procedures.

Not all errors in diagnosis and treatment constitute medical malpractice.  Therefore, in most jurisdictions, a complaint for medical malpractice must be accompanied by an expert affidavit which states that the negligence of the named defendants was the most likely cause of the patient's injuries or death.  If the complaint is not accompanied by the expert affidavit, the plaintiff's case will usually be dismissed.

Determining Medical Malpractice Liability

One of the biggest issues in medical malpractice litigation is determining liability.  The physicians, nurses, lab technicians, hospital, and an assortment of others involved in your medical care may be liable to you if their acts or omissions resulted in injuries to you or  a loved one or caused the death of a loved one.   Although the law varies from state to state, in order to win a medical malpractice lawsuit a plaintiff generally must prove:

• Duty of Care – Whenever a medical professional undertakes the care of a patient, he owes that patient a duty of care.  The plaintiff must prove that the defendant owed him a duty of care.
• Breach of Duty of Care -  If a medical professional deviates from the accepted standard of care, he breaches the duty of care.  A plaintiff may prove that the duty of care was breached by offering the testimony of an expert witness.  In some instances, however, the error is so obvious that the only conclusion is that the duty of care has been breached.
• Cause of Injury  - The plaintiff must show that the “proximate cause” of the injury was the breach of the duty of care.
• Damages – The plaintiff must demonstrate that he was damaged.  Even if there is negligence, without proof of damages, the plaintiff will not prevail. 

In cases where a plaintiff proves all these four elements of negligence, he may recover compensatory damages and/or punitive damages.

Getting Legal Help

Proving medical malpractice liability is difficult, therefore, it's advisable to hire an experienced medical malpractice attorney to represent you.  A knowledgeable attorney will review your medical records and the facts of the case to determine whether your physicians and nurses did or failed to do anything which gave rise to a claim that may entitle you to a monetary award.  If you or a loved one has been the victim of medical malpractice, you have only a limited amount of time to pursue legal action, so seek legal assistance immediately.