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Medical Errors That Bring The Malpractice Lawsuits


Date: September 18, 2016

Medical malpractice is the negligence of healthcare professionals, doctors, surgeons and other medical consultants who fail to provide proper treatment and are irresponsible in providing standard treatment which in result causes injury, harm to a patient or even death. The malpractice is usually a medical error. This may possibly be in medication dosage, treatment, diagnosis, health management, or aftercare.

The claim for the compensation must have few characteristics to consider them under the law of medical malpractice. These include:

  • Fail to provide a standard care – This law states that the medical professionals must follow the standard of care. It’s the patients’ right to get the standard of care. If the provided care does not meet the standards then negligence can be established.
  • The injury caused due to negligence – Violation of standard of care is not enough to make a valid claim. The victim has to prove the injury he or she suffered due to the carelessness of the medical professional. Any unfavorable result by itself is not considered as malpractice. If there is no injury due to negligence then there is no case.
  • Significant damages due to injury – Such malpractice lawsuits require the frequent testimony of various medical experts, many hours of deposition statement, and are very costly to litigate. It’s stressful and time-consuming. Its pros and cons should be weighed up before starting the case in the court. For a viable case, the patient has to show that the injury he/she had has done significant damages which were received due to medical malpractice. The pursuing cost of the case will be greater if the injury is small. To pursue a claim, the patient should show that he suffered disability, unusual pain, lost wages, hardships, and the medical bills of past and future.

Examples Of Medical Errors

There are many forms of medical malpractice. Following are the cases of medical negligence that can bring the medical malpractice lawsuit is:

  • Misdiagnosis
  • Misreading laboratory results
  • Unnecessary surgery
  • Surgical errors
  • Prescribing improper dosage
  • Poor aftercare
  • Premature discharge
  • No proper testing
  • Failure to identify symptoms

Find The Best Attorney:

It is possible for the patient to claim for the compensation for any harm due to medical malpractice. The laws of medical malpractice help patients regarding medical negligence. In U.S, every year approximately 15,000 to 19,000 cases are filed against doctors. Joel A. Gordon & Associates have best-experienced Houston Medical Malpractice Lawyer who deal with the tough and complicated medical malpractice cases.

Necessary Elements For The Case:

To succeed his claim, the plaintiff has to prove below mentioned four elements:

  • The duty was allocated by the hospital.
  • The duty was broke because the hospital or healthcare specialist did not follow the standard of care.
  • This duty breach caused harm or was linked closely to injury.
  • Significant damage (emotional, physical, or financial) sustained by the patient

What Type Of Injuries Plaintiff Can Get?

The plaintiff (one who filed the complaint) may be given punitive and compensatory damages.

  • Compensatory Damages: This includes damages like life care expenses, lost wages, and medical expenses. Past and the future losses are normally evaluated. Non-economic damages, physical and psychological harm such as losing vision, organ or any body part, emotional stress, and extreme pain are also included in compensatory damages.
  • Punitive damages: This is given in the case if the defendant confesses his/her willful or malicious conduct. It is a form of punishment. Punitive damages are compensation for the actual damages.

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About the Author

Attorney James A. Abate practices Criminal Defense, DWI Defense, Business Litigation, Real Estate & Personal injury cases in Union County, New Jersey.