More than 250,000 people die every year in the U.S. due to medical errors. These errors account for 9.5% of all annual deaths. This percentage means that medical malpractice is one of the primary causes of death in America, behind heart disease and cancer.
Medical errors include misdiagnosis, delayed diagnosis, and surgical and prescription errors. Just like a surgical mistake, an incorrect prescription can cause a patient’s death. If it does not kill a patient, it can cause severe, long-term health issues.
Several U.S. laws deal with and punish medical malpractice. It is crucial to understand these laws and regulations should you be affected by medical malpractice.
What Does Medical Malpractice Mean?
Medical malpractice is the legal term for when a healthcare provider fails to meet an expected standard of care. When this happens, a patient’s life and well-being are affected.
Standard of care refers to what any competent doctor or surgeon would do when faced with a similar situation. At the same time, standard of care considers factors like medical history, diagnosis, and available medical resources.
Therefore, the elements that make up a medical malpractice case are:
Duty of care: Whenever a patient establishes a professional relationship with a doctor or surgeon, the doctor or surgeon has a legal duty to care for the patient according to the accepted standard of care.
This type of doctor-patient relationship forms after a series of doctor’s visits, hospital admission, or after receiving emergency care.
Breach of duty: Malpractice occurs when a healthcare provider deviates from the accepted standard of care. This deviation can take many forms, like performing a wrong or unnecessary surgery or diagnosing a dreaded disease too late.
Deviation also includes wrong prescriptions or failing to diagnose critical illness.
Causation: If you want to pursue a legal case after medical malpractice, you must do more than show deviation from standard care. You must prove a causal link between the provider’s breach of duty and your injury.
You must prove that the provider’s action or inaction directly caused your injury or disability.
Damages: If you suffer compensable losses because of the injury or disability, you can pursue damages. Patients can sometimes file a case for economic and non-economic damages. However, the damages must be demonstrable; otherwise, the lawsuit will likely be unsuccessful.
Burden of Proof
The burden of proof is another legal concept that will concern you if you are the victim of medical malpractice.
If you want to file a case against a medical practitioner or institution, you must have convincing evidence that supports all the elements of a medical malpractice case.
Most medical malpractice cases are highly complex, requiring expert testimony from medical professionals. They can help you establish the overall standard of care for your situation and help prove how the provider breached that standard.
Types of Damages
If your lawsuit is successful, you may be able to claim for the following damages:
Economic Damages
Economic damages are tangible losses that are easy to calculate. They include the following:
Medical bills: These bills include emergency treatment and potential future treatment for the injury or disability caused by malpractice.
Lost income: If you cannot work while you recover, you can claim for lost earning capacity. You should claim it, especially if the malpractice has long-term effects on your ability to earn a living.
If you can never work again, you may be able to claim for future wages you should have but can no longer earn.
Out-of-Pocket Expenses: Moreover, you may also be able to sue for rehabilitation, therapy, and medications required after the malpractice.
Non-Economic Damages
Non-economic damages are more subjective and not as easy to calculate or quantify. They include:
Pain and suffering: Medical malpractice can lead to severe long-term pain and distress.
Mental distress: Distress may extend to mental discomfort and disorders, including depression, anxiety, and PTSD.
Loss of enjoyment of life: If you suffer a serious injury or disability, you may experience a loss of enjoyment of life. This may be because you can no longer participate in your previous hobbies and activities.
Loss of consortium: If your injury or disability negatively affects your relationship with your partner or spouse, you can also recover damages for this loss.
Limitations to Consider
Some states cap non-economic damages in medical malpractice lawsuits. These caps are meant to limit the financial burden on healthcare providers. However, these limitations come with controversy. Many argue that placing a cap on non-economic damages limits a patient’s ability to seek rightful compensation.
Also, limitations vary between states, so it is important to get a lawyer to understand how they affect your specific case.
Also, each state has a statute of limitations within which a medical malpractice case must be filed. Most states give malpractice victims between two and five years from the date of injury to file a case.
The statute of limitations gives patients enough time to make their case when their symptoms or injury become apparent only weeks or months after treatment. The same goes for side effects that show up long after using the wrong prescription medication.
If you suspect malpractice after months, it is vital to consult a lawyer to discuss your options.
Other Factors to Consider
When filing a medical malpractice lawsuit, it is crucial to consider all factors, including the toll it will take on you.
Pursuing a lawsuit is emotionally draining and frustrating. The medical provider and institution they work for will likely dispute your version of events, and the case can drag out months or years because of it.
If you cannot face a drawn-out lawsuit, consider an alternative dispute resolution process like mediation. Doing this may also cost you less than a full-blown lawsuit. If mediation fails, arbitration is another option to consider.
Seeking Compensation Helps Bring Closure After Malpractice
Medical malpractice laws allow you to be compensated for negligent actions by healthcare providers. You have a better chance of getting compensation if you understand medical malpractice laws and get a lawyer to help you through the legal process.
Furthermore, compensation allows you to get closure after malpractice by aiding the healing process.
