MAIN Home Legal Guide Personal Injury Medical Malpractice
malpractice is any action taken by a doctor or other medical professional - i.e.,
a nurse, physician's assistant, surgical team member, or EMT worker - that results
in personal injury or wrongful death.
the simplest treatment by medical professionals may result in profound ill-effects,
such as administering a medication that the patient may be highly allergic to,
or a mistaken diagnosis of a condition that later turns out to have required immediate
care. For this reason, medical professionals are required to purchase liability
The high cost of medical malpractice
To offset the costs of malpractice suits brought by the legal profession, malpractice
insurance has only become more costly.
These costs, argue critics, are in turn passed onto the patient to compound the high
price of modern health care. brought about by "ambulance chasers" (or
lawyers too quick to file a malpractice suit on behalf of clients.) Meanwhile,
others counter that medical professionals CAN and often DO make mistakes in treatment,
so they must be held accountable for any injuries - or worse - that arise from
their own negligence.
Examples of medical malpractice
by no means an exhaustive list, the following are examples of why medical malpractice
suits are typically filed:
administered drugs or medications
Delayed cancer diagnosis
Going to trial
Examples of medical malpractice
range from mistaken medications to botched surgery or misdiagnosis.
Like many tort cases medical malpractice trials involve the defendant (in this case, the health care
provider) and the plaintiff - which may be the patient, or the administrator of
a deceased patient's estate in the event of wrongful death.
typical tort cases, malpractice suits are some of the most arduous and time consuming
of any and may involve not only the doctor or surgeon, but also charges brought
against attending nurses and assistants or even the entire hospital.
burden of proof lies squarely with the patient filing the suit and often involves
a lengthy discovery process with requests for documents and depositions, followed
by a possible long list of witnesses, including medical experts called to testify
about standard care and medical practices before a court judge and jury.
the evidence is compelling enough, both sides may decide to settle out of court
for a sum decided upon by the opposing lawyers.
the trial continues, the jury may decide for either party - both of whom may contest
the findings and ask for a new trial that may drag on for additional months or
reason alone, it's wise to first consider if you have a strong enough case before
going to trial, and to carefully investigate the professional expertise and credentials
of a personal injury lawyer before filing a medical malpractice lawsuit.
More about medical malpractice around the Web:
malpractice - Wikipedia - A definition of medical malpractice with an
overview of U.S. law with facts & information on trial cases, current criticisms
and controversies, related statistics, plus an extensive list of references and
of Medical Malpractice - When to sue in cases involving anesthesia, drug
reaction, birth & delivery, heart surgery, misdiagnosis, and other typical
Malpractice Law and Litigation - Broad discussion on when a malpractice
case may be necessary, the pros and cons of filing a suit, questions to ask a
personal injury lawyer, with related resources.
- Medical Malpractice - Detailed facts and information on malpractice
law basics, an explanation of "actionable" cases, discussions on failed
diagnoses and substandard care, malpractice tort reform, related FAQ and resources.
and Law - Medical Malpractice Topic Area - A virtual library of research
and information including examples of strong malpractice cases, advice on direct
exams of medical experts, trial errors to avoid, and related professional tips
& advice for personal injury lawyers.
information provided on these pages is intended as reference
only and does
not constitute professional legal advice.