Common Questions about Medical Malpractice Cases
What is Medical Malpractice?
Medical malpractice happens when any type of healthcare provider, such as a doctor, surgeon, nurse, pharmacist or EMT, is negligent in his or her duties, does not perform in a manner that would be an accepted standard of care for the specific situation, and causes harm, or death, to a patient.
Medical malpractice can also be called medical negligence. The presence or extent of medical malpractice may not always be evident to the victim or victim’s family. Medical experts and medical malpractice attorneys can provide insight if medical malpractice is suspected.
When Types of Situations are Considered Medical Malpractice?
Some of the most frequently reported types of medical malpractice include:
- Operating on the wrong patient
- Operating on the wrong body part
- Damaging vital organs during surgery
- Not diagnosing a serious medical condition at all or in a timely manner (this is often the case when cancer is left untreated)
- Misdiagnosing a serious medical condition
- Mistakes made when administering anesthesia
- Errors made in dispensing, prescribing and monitoring medications and use
- Failure to treat surgical site infections in a timely manner
- Failure to handle a labor and delivery in an appropriate manner (which can cause fetal brain injury to the infant)
- Failure to provide quality care to a nursing home patient
- Poor management of tissue and organs for transplants (that lead to infection and disease)
If I’m Not Satisfied with the Outcome of a Surgery, Could I Have a Medical Malpractice Case?
Unsuccessful surgeries or unanticipated results from a surgery do not automatically equal a medical malpractice case. However, if you suffered a substantial injury with long-term repercussions, and your surgeon’s failure to provide an acceptable level of care or skill caused the injury, then you may have a case.
Can I Still Sue for Medical Malpractice Even if I Gave Them a Signed Consent Form?
Yes, in most cases. When you sign a consent form, you are typically only acknowledging that you have been informed of the risks related to your surgery or treatment. Signing a consent form never gives a doctor or other healthcare professional the authority to be negligent in performing his or her professional duties.
How Will a Jury Decide if Medical Malpractice Took Place and I Deserve Compensation?
Not all medical malpractice lawsuits end in court. Many are settled prior to the trial date. If you do go to court, a jury will usually hear your side of the story and expert testimony on your injuries and on the care you were given. The medical professional (or in some cases, medical facility managers) you believe are at fault may testify, as well. Be prepared for a discussion of your role in your own care and any underlying medical conditions that could have been a factor in your injuries. The jury will then be asked by the judge to weigh all the evidence and decide if all of the elements of a medical malpractice case have been proven.
What Should I Do if I Believe I Have a Medical Malpractice Lawsuit?
Your first step should be to speak with an experienced and reputable medical malpractice lawyer who can thoroughly analyze your case and give you advice on how to proceed. There are specific time limits involved with medical malpractice claims, so it is important to act quickly.
