
Medical malpractice law is a branch of personal injury law that is designed to govern the liabilities of doctors, nurses, and all other medical practitioners in case they harm their patients in any way by rendering their services with negligence or incompetence. Ideally, you can consider them as specialized personal injury cases. The laws are usually based on set standards of care. In other words, medical practitioners are held accountable for their actions regarding medical practice. Errors fall into one of several medical malpractice categories. The categories include:
Delay or failure to diagnose a patient’s condition.
- Misreading scan results.
- Prescribing the wrong medication.
- Performing procedures without patient’s consent.
- Failing to warn a patient of side effects and risks of a procedure.
- Making errors during surgery or other medical procedures.
Below are a few things to know about medical malpractice law.
Medical Malpractice Law Allows For Damage Compensations
Careless or malicious actions by doctors can be catastrophic or fatal to the patient. Because of that, and numerous other reasons, damage awards or compensations in medical malpractice cases are relatively usually much higher than for other personal injury cases. The damages can include physical pain and suffering, medical expenses, lost wages, emotional distress, compromised earning potential, punitive damages, disfigurement, impairment, and death.
Expert Witnesses Are Pillars to Most Cases
Most medical malpractice lawsuits are usually judged based on the testimonies of expert witnesses. That is because some of the cases are generally so complex for non-medical experts to comprehend. For example, it may not be easy for a judge to determine whether surgery was performed correctly and as per all the standards set for the procedure. The judges thus have to rely on the testimonies of qualified experts who have studied the case to make informed rulings. In most cases, the patient is responsible for the related cost of hiring the expert.
There Are Four Essential Elements of a Medical Malpractice Case
For a successful medical malpractice claim, the plaintiff usually has to prove all four elements. The first element involves establishing that the hospital or healthcare provider owed a duty. The second is that the hospital or medic breached the duty, and the third is that the breach caused an injury or loss. The fourth element revolves around proving considerable damage, whether financial, emotional, or physical.
To ensure that you receive the compensation you deserve, ensure you hire a lawyer with vast experience in medical malpractice law. Those that specialize in medical law can even be a better choice.