Medical Malpractice
Medical malpractice claims occur as a result of a negligent act by a health care provider resulting in damage or harm to a patient. Negligence could include an error in treatment, failing to diagnose a particular condition, or failing to manage health care decisions. A suit could be brought against a doctor if the doctor deviated from generally accepted standards of practice. Actions can be taken against a hospital for improper care, including problems with medication, sanitation or nursing care. Actions might also be taken against state or federal agencies that operate hospitals or other medical facilities.
Medical malpractice claims are designed to protect individuals as a result of injury arising from a person’s or entity’s negligence. However, malpractice claims are extremely complex and costly to win. Theoretically, a person can monetarily recover any injury caused by a person’s negligence regardless of the seriousness of the injury. However, time and expense make it unrealistic to sue for minor injuries. It is necessary to hire expert witnesses, and statutes require that the expert be situated in similar areas of practice as the negligent health care provider. The experts expect payment up front or in advance, which adds significantly to the expense of malpractice claims. Typically, several thousands of dollars are spent in just evaluating potential malpractice claims cases to determine whether or not a viable cause of action exists.
Medical malpractice claims, with few limited exceptions, are also governed by a short statute of limitations. Therefore, it is imperative for those questioning whether or not a malpractice exists to speak with an attorney immediately. Failure to bring a malpractice claim within the period of limitations will prevent an injured person from ever bringing the claim no matter how serious the injury.
Informed Consent
Medical malpractice professionals are required in situations where medical treatment is provided to obtain the patient’s “informed consent.” Informed consent essentially means that the medical provider must tell the patient all of the risks and benefits associated with any medical procedure, surgical procedure or other treatment. The patient’s written consent is usually required.
Medical Providers
Medical malpractice claims are not limited to surgeons or doctors. Malpractice claims can generally be brought against any health care provider such as a hospital, nurse, pharmacist, dentist, osteopath, health care facility or other providing health care services, such as nursing homes.
Res Ipsa Loquitur
Res Ipsa Loquitor is a legal cause of action premised on the negligent act of a health care provider speaking for itself, such as the doctor who removes the wrong limb or organ. However, in most situations, establishing that a health care provider engaged in negligent conduct is difficult. It is necessary to hire experts to testify as to the care the doctor should have used. Medical professional generally shy away from testifying against each other, which makes malpractice cases difficult to establish. Additionally, insurance companies will sometimes require that health care providers not testify against others insured by the same insurance company.
