Articles

What is Medical Malpractice?

In simple terms, medical malpractice is negligence on the part of a healthcare provider that produces an injury. When a health care provider or professional acts in a way that is not consistent with the accepted standards of medical practice or is negligent in a manner that results in some type of injury, including wrongful death, to the patient then they are said to have committed medical malpractice.

Essentials of Medical Malpractice

In a malpractice lawsuit, there are two parties, the plaintiff and the defendant. The plaintiff is the party filing the suit. This can either be the patient or a party acting on behalf of the patient. The defendant is the party against whom the suit is filed, the health care provider. A health care provider, while traditionally considered to be a physician, can also be a dentist, nurse, hospital, psychiatrist or therapist.

Establishing the Elements of a Medical Malpractice Case

The plaintiff has the burden of establishing all four elements of a medical malpractice case in order for it to be successful.

1. A duty was owed. In other words, the health care provider or hospital has a legal duty when embark on a treatment plan or engage in care of a patient.

    

    

2. Said duty was breached. This means that the health care provider or hospital failed to meet the legal duty that was owed to the patient. In short, the standard of care was compromised by the health care provider in some respect.

    

    

3. The breach was the cause of an injury. When the duty that was owed was breached by the health care provider, an injury of some sort was the result.

    

    

4. Damages - This is the heart of the claim, for if no damages are shown then there is not basis for the claim even if the health care provider did act in a negligent manner.

Case Histories

Following are some examples of true medical malpractice lawsuits where a jury would be likely to side with the plaintiff.

A patient who was undergoing surgery was given Halothane as the anesthetic. The patient had previously suffered from biliary tract disease. The use of this anesthesia is not supposed to be given to patients with this medical history. As a result of being given the anesthesia, the patient developed liver necrosis and subsequently died.

A baby was born with Rh incompatibility, a blood condition. The mother's antibodies that were passed to the baby were attacking and destroying the baby's blood. The attending physicians as well as the hospital personnel failed to identify the baby's condition.

A young man became ill and was taken to the emergency room. At the hospital, the attending physician diagnosed him as being inebriated. In truth, the patient had a fractured spine as well as a severed spinal cord. This resulted in his being permanently paraplegic.

A patient had pancreatitis and was at the hospital. She was transferred to another hospital without her consent. During this transfer, she sustained severe brain damage and lingered in a comatose state until her death several years later.

Any health care professional can be subject to a medical malpractice lawsuit. It is not only confined to doctors. In fact, nurses may be subject to a malpractice lawsuit even if they are following the doctor's orders. However, studies suggest that approximately 40% of medical malpractice claims are unfounded and do not contain the four elements required for a successful lawsuit.

• The Medical Malpractice Problem Is Bigger Than You Think!
  
• Damages for Medical Negligence
  
• Medical Malpractice Defined
  
• Medical / Clinical Negligence
  
• Medical Malpractice for Babies
  
• Medical Malpractice Explained
  
• Malpractice Lawsuits are Devastating in Many Ways
  
• Medical Malpractice: 10 Reasons Why You Should Call A Lawyer
  
• Medical Malpractice: How To Determine The Money Damages
  
• Medical Malpractice: Who Can Be Sued?
  
• How To Establish Medical Malpractice
  
• Getting A Medical Malpractice Lawyer
  
• Do You Have a Medical Malpractice Case? - Here's an Important Tip
  
• Medical Malpractice Lawsuits
  
• How To Get Help With Medical Malpractice
  
• Medical Malpractice Suits
  
• Your Malpractice Risk: Why Hiring Skilled Staff May Actually Increase It
  
• How to Prevent Medical Malpractice
  
• Reducing Legal Malpractice Exposure
  
• What Went Wrong? Proving Medical Malpractice
  
• The Role of a Medical Malpractice Attorney
  
• The Purpose of Medical Malpractice Insurance
  
• Out of Time? Medical Malpractice Statute of Limitations
  
• Medical Malpractice Law: An Overview
  
• Medical Malpractice Cases: Trends and Insights
  
• Medical Malpractice Attorney
  
• Malpractice
  
• Dental Malpractice
  
• Medical Malpractice Are You In Safe Hands?
  
• Medical Malpractice and Legal Matters
  
• Why Contact A Clinical Negligence Solicitor?
  
• Can You File A Medical Negligence Case In UK?
  
• Why File A Medical Negligence Compensation Claim?
  
• Why Consult A Medical Negligence Solicitor?
  
• Find the Right Medical Malpractice Lawyer For Your Medical Lawsuit
  
• Birth Injury Attorneys
  
• Making a Claim for Medical Negligence Compensation in the UK
  
• Dental Negligence - Stupid Decisions Under The White Light
  
• Medical Negligence Explained
  
• Celebrex Class Action Suits � Regaining Power For The People
  
• Contacting a Celebrex Law Firm The Best Medicine
  
• Celebrex Law Suits Looking Like a Strong Case
  
• Asbestos Lawyers Can Help You
  
• Medical Negligence Claim - Has Your Well-Being Been Affected?
  
• Clinical Negligence Solicitor For A Botched Surgery
  
• The Nurses Medical Malpractice Primer
  
• Certified Legal Nurse Consultant Spots Medical Negligence Where it is Least Expected
  
• Dental Malpractice with No Recourse
  
• Risperdal Side Effects & Risperdal Lawsuits
  
• Medical Malpractice Lawyers