Medical Malpractice Lawsuits

Medical malpractice action can be for injury or death against a licensed health care

provider based upon negligence, misconduct, errors or omissions, or breach of contract in rendering medical services.

Basic elements of proof include that there was a duty, breach of that particular standard of care, proximate causation and damages.

Particularly important is proving that the licensed health care provider breached the applicable standard of care---meaning that the provider failed to exercise that degree of care, skill and learning expected of a reasonable, prudent health care provider of the same profession or class.

Types of Medical Malpractice

Each year, medical mistakes injure or kill almost 100,000 people in the U.S. Following are just a few examples of the kinds of situations that could qualify as medical malpractice:

Surgical errors

Medication errors

Mistakes made during administration of anesthesia

Following improper treatment or diagnosis protocol

Not acting in a timely manner once a diagnosis has been made and treatment is necessary Mistakes made when treating women and fetus during pregnancy and delivery (Cerebral palsy and Erb's palsy are birth injury cases where medical malpractice could have played a role in the condition development)

Failure to diagnose or misdiagnosing a condition

Failure to provide adequate healthcare at a nursing home

Medical Malpractice Compensation

Patients have a legal right to sound medical care. When that fails to happen and an injury or death occurs, the victim or family of the victim may have grounds for a medical malpractice lawsuit. It is important to act quickly if you want to pursue legal compensation for medical malpractice. If too much times passes, there is a chance that the statute of limitations will prevent the case from moving forward.

Medical Malpractice Lawsuits

By: Sara Goldstein

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