subject: Frequently Asked Questions Regarding Medical Malpractice Lawsuits [print this page] There are times that a patient may wonder if they are a victim of medical malpractice. Understanding what medical malpractice is may help a patient determine if they are a victim and should consider filing a medical malpractice lawsuit. A consultation with an experienced medical malpractice attorney will answer many of the questions about medical malpractice lawsuits and whether or not a person has a viable lawsuit. Here are some of the frequently asked questions regarding medical malpractice lawsuits.
What is considered medical malpractice?
Medical malpractice involves substandard care and the failure to give necessary treatment in order to prevent causing harm to a patient. Some examples of medical malpractice are misdiagnosis, failure to diagnose, surgical errors, birth injuries, and prescription errors.
Who can be sued in a medical malpractice lawsuit?
An experienced medical malpractice attorney will be able to answer this more specifically in terms of state law as each state may have different guidelines. Typically, any medical provider can be held accountable for medical malpractice. Medical providers such as physicians, surgeons, nurses, hospitals, and anesthesiologists are some of the types of providers that can be sued in a medical malpractice lawsuit.
What does a patient need to prove to have a successful medical malpractice lawsuit?
In order to have a successful medical malpractice lawsuit a patient must be able to prove that the medical provider failed to act within the established standards of medical practice. To prove this a patient will require expert medical testimony from another medical provider. The patient will also need to prove that the medical negligence caused the patients injury or caused the patient to suffer. In addition, to be successful with a medical malpractice lawsuit the patient must be able to show that the medical negligence caused damages.
What type of compensation can be expected in a medical malpractice lawsuit?
Each state may have different guidelines in determining the compensation for medical malpractice lawsuits. In general, a medical malpractice lawsuit can include medical expenses, lost wages, and pain and suffering.
