Medical Malpractice Lawsuits: What You Need To Know

Medical malpractice cases are some of the toughest personal injury cases that individuals may be facing today. Not only are these cases often very serious and very emotional, but the stakes are often very high.

The best way to make it through a medical malpractice lawsuit — especially if you are the victim of an alleged malpractice case — is to stay organized and informed throughout the whole process. With that in mind, here are just a few of the most important points about medical malpractice personal injury cases:

  1. In a medical malpractice case, a patient must prove that he or she suffered irreparable personal injuries because a doctor or medical professional exercised gross negligence while performing his or her duties. Medical malpractice cases cannot be filed against an individual who is not a medical professional.
  1. These personal injury cases must also show a clear connection between the patient’s injury and an established patient-doctor relationship. In other words, the injured patient must prove that he or she was paying that doctor for medical services and was legally under the care of that doctor.
  1. Some of the most common medical malpractice cases include injuries during birth (either to the child or the mother), cases where a doctor failed to diagnose an illness correctly, and cases where a doctor failed to treat an illness/injury correctly.
  1. Mistakes happen — even in the field of medicine, mistakes can (and do) happen all the time; in fact, the New England Journal of Medicine published a study which found that 66% of malpractice cases involved a simple mistake on the part of the doctor. The deciding factor in a medical malpractice case is whether the medical professional was grossly negligent. For example, it’s estimated that around 50% of all birth injuries could be avoided simply by looking for obstetrical risk factors and preparing for these risks just in case.
  1. There must also be a clear connection between the doctor’s negligence and the patient’s injury. Many medical practice cases involve patients who were already sick when they first sought care from the physician, but if a specific action of the physician directly led to serious personal injuries, then the doctor would be considered responsible.
  1. Believe it or not, medical malpractice cases occur pretty frequently. According to the Journal of the American Medical Association (JAMA), it’s estimated that around 225,000 people die each year because of medical malpractice.
  1. Fatal injuries are often sustained in medical malpractice lawsuits, but patients can sustain non-fatal injuries and still press charges because the injury (or injuries) affected their quality of life.

The content on this website is for general informational purposes, not legal advice and does not constitute an attorney/client relationship.