Medical Malpractice Tips
Medical malpractice occurs when a medical care provider's negligence, error or omission causes the injury or death of a patient. Medical malpractice may include a bad diagnosis or treatment, substandard care, negligent prescription of medication or the failure to obtain informed consent. A person or the family of a patient who dies because a medical practitioner provided substandard care can sue under this legal theory. The injured party may recover damages for the injury or wrongful death of a loved one.
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Standard of Care
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The law requires a physician to possess general knowledge and a basic level of skill and expertise necessary to treat general illness and disease. However, a general practitioner is not expected to have the same level of knowledge as a specialist and specialists from different communities aren't expected to offer the same standard of care to patients in areas outside their specialty.
Negligence
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To recover damages for medical malpractice, a plaintiff (the person who brings the lawsuit) must establish that the medical provider failed to exercise the standard of care required. A medical provider has special skills, and therefore, the provider is compared to other members in the same profession. The plaintiff must show that the medical provider owed a duty, the medical provider breached the duty, the breach caused an injury and that damages resulted from the breach.
Certificate of Merit
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In many states, legislators have enacted laws to control and limit medical malpractice claims. For instance, in some states, before a claimant can bring a lawsuit against a medical provider, the claimant must file a certificate of merit. A certificate of merit is obtained from an expert who certifies that the medical provider deviated from the normal standard of care.
Statute of Limitations
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Lawsuits must be filed before the statute of limitations bars the claim. The statute of limitations determines how long a person has to file a lawsuit. The statute of limitations begins to run when the person learns of the medical malpractice or when the injury occurs. Statutes of limitations vary by state, but in many states, a person has two years to file a claim for medical malpractice.
Damages
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The compensation a person recovers depends on the case. A successful plaintiff may recover past, future and present damages for pain and suffering, medical treatment and lost wages. Many states have caps limiting the amount a person can recover in damages and attorney fees.
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