5 Facts About Medical Malpractice Law

Updated on January 18, 2021

Medical malpractice refers to the liability of healthcare providers who cause harm to a patient, typically via negligence. Here are five facts about medical malpractice law.

1. What It Is

Medical malpractice law is a type of personal injury law, the details of which vary by state. While the details and procedures may be different depending on where you live, the basis of bringing a medical malpractice lawsuit is that the healthcare provider failed to meet the normal standard of care and hurt his or her patient as a result of that negligence. One of the key details of medical malpractice cases is the use of expert witnesses. Because medicine can be so technical and complicated, experts are almost always contacted to help your lawyer build a case and understand the situation.

2. Medical Malpractice Attorneys

Medical malpractice lawyers are highly experienced in this area of law. You should seek out a board-certified attorney who specializes in medical malpractice these cases tend to be quite complex and can become expensive. They requiring experience not only in law practices but in assembling expert witnesses and in understanding hospital procedures, medicine and healthcare policies. Your attorney will first take meet with you and learn about your experience and complaint. Then he or she will consult with experts in the appropriate field. Depending on the state, he or she may need to be able to prove that the provider’s negligence is what caused your injury, but in practice, there are many variables involved in a medical malpractice suit.

3. Medical Malpractice Examples

Because medical negligence or failure to meet the standard of care are rather vague terms, there are many different scenarios that could potentially lead to a medical malpractice lawsuit. These can include disregard for the patient’s medical history or concerns, misdiagnosis, errors in surgery or other methods of treatment and misdiagnosis. Keep in mind that your attorney must not only be able to prove that these or other scenarios related to negligence occurred, but that you or your loved one had a doctor-patient relationship with the healthcare provider you claim is at fault, that the claimed negligence caused the injury and that specific damages resulted from the injury.

4. Compensation

After all the appropriate information is gathered, negotiation may begin with the defendant’s representatives, usually his or her insurance adjuster and lawyer. At this point, you may be able to reach a settlement agreement. If that doesn’t happen, then the case goes to trial. To reach a settlement, both sides must be able to agree on the compensation amount. If the case goes to trial, then the outcome and any potential compensation are decided by the court. Depending on the type of personal injury, compensation can be very high, including repayment for medical expenses and compensation for emotional or physical distress, disfigurement, death or lost wages.

If you think you or a loved one have experienced medical malpractice, it’s essential to contact an attorney with the knowledge and experience to represent you.

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