We put so much trust in doctors, nurses, and other medical professionals who are accountable for our well-being.
Regrettably, this trust is not always rewarded. Sometimes a doctor’s actions (or lack thereof) can rise to the level of malpractice.
Medical malpractice is disturbingly common in the U.S today. In fact, research conducted by John Hopkins hospital found that up to 250,000 Americans die due to medical errors annually,;- which would medical malpractice the third-leading cause of death, behind cancer and heart disease.
If you or your loved one has been a victim of medical malpractice, you would want to know if and when the law protects you. Read on to find out.
What Is Medical Malpractice?
Medical professionals take on a promise, more commonly known as the Hippocratic Oath to not cause harm when diagnosing and treating illnessesand to uphold professional ethical standards. Generally, they are legally obligated to offer acceptable standards of care to their patients.
Physicians or medical facilities failing to offer quality care, causing injury or death to a patient, are said to have committed medical malpractice.
So, what kind of law is medical malpractice?
Medical malpractice is specific subset of tort law, dealing with professional negligence. It involves a careless or intentional act committed by a medical professional that leads to injury or death.
From a legal perspective, medical malpractice occurs when a medical professional or facility causes harm to a patient through an act of negligence or omission.
Not every injury in a healthcare setting qualifies as medical malpractice, though. Most medical malpractices occur when diagnosing, treating, or offering after-care services. They include, but may not be limited to:
- Failure to recognize symptoms or diagnose a fatal illness
- Misdiagnosis of a disease
- Medication errors
- Failure to order necessary diagnostic tests
- Inadequate after-care
What Is Medical Malpractice Law?
As earlier mentioned, medical malpractice is an act of negligence or omission by a physician during treatment. But where does medical malpractice law originate, and what source of law governs it?
Medical malpractice law is a state law that governs the liability of medical professionals when they cause harm through negligence. Each state has laws and procedures for handling these specialized personal injury cases.
But generally, a physician is held accountable under negligence standards, meaning if they fail to meet the standards of care that other physicians would provide under similar situations, then they may be liable.
Any carelessness or negligence from a doctor can be catastrophic for the patient. It is only fair medical malpractice law allows you to sue for damages for malpractice cases that lead to personal injury.
Damages can range from medical expenses to pain and suffering, lost wages, punitive damages, and compensation for disability or death.
Under What Type of Law Does Medical Malpractice Fall?
If you have been a victim of poor medical care resulting in personal harm, you probably have many questions and are looking for answers.
One of the first questions may be, “what type of law is medical malpractice?”
In common law jurisdictions, medical malpractice liability falls under the category of the tort of negligence.
A tort is an unjust action or a violation of a right that elicits civil legal liability. Tort law applies when a person fails to act in a reasonable manner, injuring the other, and leaving the offender legally liable for their wrongdoing.
So, medical malpractice is a specific subset of tort law that focuses on professional negligence. Damage from medical malpractice does not necessarily have to come from intentional actions.
Rather, a doctor can commit this tort if they are negligent or fail to act appropriately in the line of duty.
And when their negligence causes you harm, tort law permits you to claim monetary compensation for harm as long as you provide a preponderance of the evidence.
What Does the Law Say About Medical Malpractice?
Both local and international laws appreciate health as a fundamental human right. That means anything that compromises an individual’s health, including medical malpractice, is highly discouraged.
For example, Article 12 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) states that everyone has the right to enjoy the highest physical and mental health standards.
Failure to provide the highest care standards or denial of emergency healthcare amounts to medical malpractice.
At the national level, section 1346(b) of the U.S Code § 2702 offers exclusive remedies for medical malpractice.
The code allows for compensation for damages of personal injury or death arising from malpractice or negligence of a nurse, pharmacist, or any other professional in the healthcare sector.
What Type of Law Covers Malpractice Suit?
If you have been harmed by a doctor who failed to fulfill their duty of care to you, you can consider pursuing compensation. Specifically, you can file a legal, medical malpractice claim to secure a financial recovery for sustained injuries or harm.
But even if you know that you have a claim, you may wonder, “what type of law covers medical malpractice suits?”
Malpractice suits are generally covered under state law. Every state defines and regulates its tort law, including statutes of restrictions and damage caps.
Another thing, most states in the U.S have enacted what we call tort reform bills. These can make it hard for you to recover damages after a physician commits a medical error.
Tort reform bills can also make it even more difficult to file a lawsuit and reduce the damages you receive.
So, consult a medical malpractice attorney if considering filing a suit against their physician.
How Is Medical Malpractice Proven in a Lawsuit?
Before bringing medical malpractice (tort) to court, four elements must be present. These include:
- Duty of Care– The doctor owed the patient duty to act reasonably to oversee his (patient) health.
- Breach of Duty– The doctor failed to meet the proper standard of care (their duty). In other words, they were negligent.
- Causation– The doctor’s negligence was the actual cause of the patient’s injury.
- Damages– The injury brought measurable damages to the patient.
In addition, if you file a lawsuit against a facility or its clerical staff, you must show that the medical professional was supervised negligently.
You can use medical records, documents of misdiagnosis or mistreatment, and costs related to the injury as evidence to support your claim.
Why Do I Need a Medical Malpractice Attorney?
Medical malpractice laws tend to protect doctors and hospitals at the expense of the patient.
When you bring a case, most doctors and hospitals are unwilling to settle. Instead, they often challenge the case to trial.
Last year, two-thirds of medical malpractice cases were won by doctors or hospitals!
That tells you how difficult it is to handle a case independently.
You need an experienced personal injury attorney to help you steer through the complex process of a medical malpractice claim by:
- Establishing whether you have a claim
- Collecting evidence and necessary medical records
- Identifying possibly responsible parties
- Explaining the pertinent laws and your rights
- Handling the complex process of filing a claim and representing you in court, if necessary.
And did you know that some states have a statute of limitations that restrict the period for filing a medical malpractice lawsuit?
That is another reason to consult a lawyer soon after the medical malpractice incident. An experienced lawyer will inform you of the time limit for your state and help you file the case before the deadline.
This way, you will be able to recover damages from the negligent party.
Final Thoughts
It takes an experienced person to understand medical malpractice law. Having someone familiar with medical malpractice and state laws helps you pursue your case well. But it also offers emotional support, knowing someone is by your side and willing to fight for your rights.
If you or a loved one have suffered injuries due to medical malpractice, contact the attorneys at the Legal Giant. Our experienced medical malpractice lawyers can help you navigate the claims process and get the compensation you deserve. Contact us to schedule your free no-obligation consultation today.
