Medical malpractice is an incredibly complex area of law and patients need to understand the potential implications before filing a lawsuit. When faced with medical harm caused by negligence or recklessness, filing a lawsuit with the help of a Philadelphia nursing home abuse lawyer can be one of the only means to obtain financial compensation and justice.
But, there are several factors that patients must consider to ensure they have all the necessary information at hand as they continue down this legal path. This blog post will explore what it takes for patients to legally file against healthcare professionals or institutions who provided inadequate services that ultimately caused injury or death.
What Is Medical Malpractice?
Medical malpractice is a legal term that describes a medical practitioner failing to provide appropriate standards of care to a patient. This is usually to the detriment of the patient’s health, which can result in conditions or illness worsening far beyond what could be reasonably expected.
It is labeled as an act or omission by medical professionals or doctors that deviates from accepted standards of practice, resulting in harm to the patient. Moreover, it refers to scenarios where patients experience harm as a result of receiving incorrect advice or information from healthcare professionals, leading to injury or potentially exacerbating existing damage.
Medical malpractice can also include cases where recommended treatments were not provided, resulting in harmful health outcomes for the patient.
Understand What Qualifies As Medical Malpractice
A medical malpractice claim involves both a criminal and civil component, relying heavily on evidence of negligence from a medical professional or institution. This type of negligence must directly produce injury(s) to the patient and constitutes malpractice. Take a look at the things that qualified as medical malpractice:
- Medical malpractice is an act or omission by medical professionals that results in harm to the patient.
- It can also include incorrect advice or information given by healthcare workers resulting in injury or further damage.
- Failure to provide the standard level of care and treatment can also be considered medical malpractice.
- Documentation is needed to establish the expected level of care.
- Proposed treatments that did not occur resulting in negative health outcomes can also qualify.
It’s essential to consult with an experienced medical malpractice attorney if you believe you have a case.
Things To Know Before Filing a Medical Malpractice Lawsuit
If you believe that you have suffered an injury due to medical malpractice, filing a lawsuit may be the best course of action to receive compensation for your losses. But before that, there are certain things that you should know before filing a lawsuit:
The Doctor Failed To Live Up To His/Her Duty
Generally speaking, this means that you must prove that your doctor did not act as a responsible person and didn’t give you up to the mark treatment.
To do this, you should compare your treatment to what other doctors might have done in the same circumstances.
If it is determined that your doctor fell short of this standard, then you must also prove that there was a breach of duty on their part and that it resulted in an injury to you.
Types of Damages
Medical malpractice can cause significant harm to patients and their families, resulting in a wide range of damages. If you or a loved one has been a victim of medical malpractice, it’s essential to understand the different types of damages you may be entitled to. Here are the four primary types of damages due to medical malpractice:
- Economic damages refer to the financial losses resulting from the malpractice, such as medical bills, lost wages, and future earning capacity.
- Non-economic damages cover the non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
- If a patient dies due to medical malpractice, their family may be entitled to wrongful death damages, such as funeral expenses, loss of financial support, and loss of companionship.
It is important to make sure you have sufficient evidence before filing a medical malpractice lawsuit. You must provide reliable evidence such as hospital records, photographs or videos, expert witness testimony, or documented records of how your health was compromised due to the negligence of your doctor.
Filing a medical malpractice lawsuit is a complex process, requiring a good understanding of the elements of a malpractice claim and the laws that apply in your state. Damages available to claimants may vary by state, so it’s important to know your jurisdiction’s limitations. Consulting with an experienced attorney can help you determine your chances of success and how to proceed in court, reducing stress and increasing your chances of a satisfactory outcome.