Medical Malpractice: Everything You Need to Know
Though only a small percentage of victims file lawsuits, medical malpractice happens regularly and leads to injury or death. According to John Hopkins, 10% of deaths in the US are due to medical errors. If you sustain an injury due to a doctor's negligence, you can file a lawsuit to demand compensation.
However, medical malpractice cases are complex, especially in terms of proving fault. This guide answers all the questions you might have about medical malpractice.
What Is Medical Malpractice?
Medical malpractice is any act of negligence during a patient's treatment. Negligence can happen in various stages of the treatment process, including diagnosis, treatment, medication, and aftercare. However, you cannot sue your doctor for any form of harm you experience while under their care.
Below are some ways to determine if your case qualifies as medical malpractice:
- You hired the defendant's services: You can only seek compensation for your injuries if you asked for medical assistance from the defendant and they agreed.
- The doctor acted negligently: You can only receive compensation for your injuries and sue for malpractice if you prove that the doctor did not act professionally during the treatment.
- The doctor's negligent actions caused injuries: you must prove that the doctor's negligence caused physical harm. Moreover, you must prove that your injuries were avoidable if the doctor followed the standard of practice.
- The injury caused specific damages: In addition to proving harm, you must also prove your injuries harmed your life, like leading to physical and emotional pain, lost wages and capacity to earn, or large medical bills.
If your situation meets these standards, then you could have a successful case.
Are Medical Malpractice Cases Common?
Several types of medical malpractice exist, but some happen more often. Below are some common types of medical malpractice.
Misdiagnosis
You deserve compensation if you experience medical complications because a doctor treated you without proper diagnosis or made a wrong diagnosis. Though most misdiagnosis cases are due to a doctor's failure to identify signs and symptoms, you can also claim compensation if your doctor fails to refer you to a specialist or request medical testing.
A late diagnosis can also delay treatment, worsening the patient's condition or leading to death.
Improper Treatment
Improper treatment is a negligence case in which a medical practitioner handles a patient's condition in a way that a competent doctor should not. For example, you can file a medical malpractice lawsuit if your condition worsens because a doctor did not administer the appropriate treatment.
Failure to Treat
Failure to treat is any omission of crucial steps during and after treatment. For example, a doctor is at fault if they release a patient too soon or if they don't check the patient's medical history before commencing treatment or prescribing a drug.
Medication Errors
Prescription drug errors, like wrong medication or dosage, could cause severe allergic reactions or even death. A competent doctor should check a patient's medical history for possible allergic reactions to a particular drug.
Do Medical Malpractice Lawsuits Have a Time Limit?
Most personal injury cases have a deadline for filing. If you file late, you might lose your legal right to sue. Though the amount of time one has to file a malpractice claim may differ from one state to another, New Jersey requires medical malpractice victims to file a lawsuit within 2 years from the date the malpractice occurred.
Now that you know some basics of medical malpractice, use the information to evaluate your medical malpractice case and seek compensation where you deserve it. At Borbi, Clancy & Patrizi, LLC, we protect our clients' rights by handling their claims effectively and professionally. Contact us today to experience our customer-centric services.