When a doctor commits medical malpractice, the consequences for the patient can be devastating. Despite preventive measures from healthcare practitioners and rules and regulations that are constantly being updated to improve patient safety, medical errors are still common. In fact, according to a report by BMJ, they are the third leading cause of death in the US.
When patients are harmed as the result of medical negligence, they often choose to sue for malpractice. However, there are many important factors that must be considered before deciding to file a medical malpractice lawsuit. Having an experienced attorney on your side to advise you throughout the process can help you make informed decisions about whether or not a lawsuit is appropriate for your situation.
It is also important to remember that there are specific laws in place governing the timing of filing malpractice claims. If you try to bring a claim after the statute of limitations has passed, a health care provider will almost certainly file a motion to dismiss the case, and you will be unable to hold them accountable for the harm that they caused.
To successfully sue for medical malpractice, a patient must show that a physician owed them a duty of care, that the doctor breached that duty by failing to meet the standard of care, that as a result of the breach they were injured, and that the injury is measurable in damages that can be paid to the victim. In addition, a patient must also be able to demonstrate that they would not have been harmed if the physician had not breached their duty of care. This is called causation.
In some cases, a patient may be able to sue for medical malpractice in federal court instead of state court. This can happen if the case involves a federal constitutional issue or a question of law that is not specifically addressed by state rules. Federal courts are similar to state trial courts in that they have a judge and jury panel.
Damages from Medical Malpractice
The most common types of damages in a medical malpractice case include compensatory damages, non-economic damages, and punitive damages. Compensatory damages are intended to cover things like lost income and medical expenses. Non-economic damages are meant to compensate victims for emotional suffering and physical pain. Punitive damages are designed to punish doctors for particularly egregious acts of malpractice, such as gross negligence and recklessness.
As a physician, it is important to remain calm and professional throughout the course of a medical malpractice lawsuit. The best way to do this is to contact an experienced medical malpractice attorney, and let them handle the legal process while you continue to treat your patients. By focusing on your practice, you can rest assured that you are doing what is best for the wellbeing of your clients.