A Closer Looker at Medical Malpractice Lawsuits and Patients' Rights
Article by Phillip Stone
Medical malpractice is defined as "the failure of a medical professional to follow the accepted standards of practice of his or her profession, resulting in harm to the patient." To prove successfully a lawsuit for medical malpractice, several elements must be present. The plaintiff must show the medical professional had a duty to provide care, and that the duty was breached. When that duty was breached, an injury occurred, which resulted in damages.
Some of the elements are easier to prove then others. For example, the duty to provide care generally occurs when the medical provider consents to undertake treatment or offer care. Proving that the duty was breached usually requires expert witnesses who will testify that the medical provider failed to provide the relevant standard of care. The plaintiff must then show that their injuries occurred because the medical provider failed to exercise that proper standard of care. Finally, that those injuries sustained resulted in compensable damages.
Damages in a medical malpractice lawsuit may include both compensatory and punitive damages. Compensatory damages may include both past and future losses for such things as lost wages, diminished future earning capacity, medical expenses, life care expenses, pain and suffering, and severe pain and emotional distress. Punitive damages may be awarded if the court finds that the medical provider's conduct was wanton and reckless. If a death occurs because of medical malpractice, the plaintiff may have both a medical malpractice and a wrongful death claim. The medical malpractice claim would cover damages related to the personal loss and suffering of the descendent prior to death. The decedent's personal representative could also file a wrongful death claim seeking damages for monetary loss for the decedent's beneficiaries (spouse, children, and next of kin).
State law defines how long an injured individual has for filing a medical malpractice lawsuit. That period of time, called the statute of limitations, can vary anywhere from six months to four years. Typically, the statute of limitations begins at the time the injury was discovered, and not necessarily when the injury happened. If the injured party is a minor child, the law may require that they reach a specific age before filing. Anyone suffering an injury because of medical malpractice should seek the advice of an experienced medical malpractice attorney.
About the Author
Experienced medical malpractice attorneys can handle claims involving all types of injuries related to medical negligence, from brain injury to birth trauma. Speak to an attorney today to learn more about your rights.
This digital document is an article from Skin & Allergy News, published by International Medical News Group on February 1, 2003. The length of the article is 444 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
Citation Details
Title: Governors address malpractice crisis. (Damage Caps, Dispute Resolution).
Author: Sally Peters
Publication: Skin & Allergy News (Magazine/Journal)
Date: February 1, 2003
Publisher: International Medical News Group
Volume: 34 Issue: 2 Page: 62(1)
Distributed by Thomson Gale
List Price: $ 5.95
Price: $ 5.95
Governors address malpractice crisis. (Damage Caps, Dispute Resolution).: An article from: Skin & Allergy News
Orignal From: A Closer Looker at Medical Malpractice Lawsuits and Patients' Rights
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