Medical Malpractice Lawsuits

What should you do when you're injured in a hospital or other healthcare setting? Unfortunately, medical malpractice is far too common. Review the following for general information about medical malpractice lawsuits.

Medical Negligence

If you are thinking of filing a lawsuit, there are some things to consider. First, you must be able to prove that the medical provider was negligent, and that their negligence caused your injury. In malpractice cases, negligence is defined as an action (or inaction) that grossly deviates from the standard of care required by law. For example, if your doctor failed to order routine tests that would have resulted in a proper diagnosis and treatment, you might have a basis for a malpractice lawsuit.

Additionally, you must be able to prove that the injury you sustained is serious, demonstrable, and lingering. Unpleasant side effects of routine treatments are not typically grounds for a lawsuit. However, if an experimental treatment results in debilitating pain that keeps you from working, you may be eligible to file a claim.

Other causes for medical malpractice litigation can include: prescription errors, misdiagnosis of serious diseases, complications during childbirth, anesthesia incidents, and incorrectly performed plastic surgery procedures.

Filing a Claim

For most victims, the first step in filing a claim is meeting with an attorney to review your case. The attorney can advise you of your rights and help you determine the best course of action to pursue. In cases where you received negligent care and suffered demonstratable injuries, it may be appropriate to file a personal injury claim to recover compensation for damages. However, in cases where a loved one has died as a result of negligent treatment, a wrongful death claim may be pursued by surviving family members. Speak to an attorney as soon as possible after your injury to be sure your rights are protected.