If you’ve ever had the misfortune of being diagnosed with a medical malpractice lawsuit, you’re familiar with the trauma and emotional trauma associated with it. You should be aware that the law can be helpful to those suffering from malpractice lawsuits and even before there was a law that regulated malpractice in medical care, individuals suing for malpractice were left to defend themselves in court against their malpractice claims.
Medical malpractice is defined as any physical injury suffered by an individual during treatment or following treatment, which can be attributed to a physician’s carelessness or negligence. Although a patient may need to sue his or her doctor for malpractice, a victim’s doctors also face the same predicament.
Under the law, it is up to a plaintiff to prove that the doctor knew or should have known, that a medical procedure was not appropriate or would cause harm. The physician must prove that he or she either “knew” the risk was unreasonable, or that he or she “should have known” the risk was unreasonable.
Medical malpractice lawsuits are different from medical malpractice lawsuits from other medical fields. Although your doctor may also be a lawyer, your malpractice case will usually hinge on the defense’s lack of knowledge regarding the topic of malpractice. That doesn’t mean that other areas of medicine don’t have doctors who are lawyers, but medical malpractice lawsuits are generally filed and won by patients.
There are some legal differences between medical malpractice and negligence and cases involving medical negligence are often referred to as “Blue Bar” lawsuits. To find out about these differences, read on.
Generally speaking, medical malpractice is quite similar to a negligence case, although the judge may find that the doctor failed to act reasonably in a medical situation. For example, if a patient is diagnosed with breast cancer, the doctor must know that this diagnosis is wrong for it to be treated.
Damages are awarded to victims of malpractice, but in order to receive those damages, they must sue the doctor. The plaintiffs of malpractice lawsuits usually seek damages from the hospital that provided the doctor’s care as well as the medical providers involved in the treatment of the patient.
Since many doctors won’t admit they are responsible for malpractice, victims may be able to overcome their denials and provide details on how they were harmed by the treatment of their doctor. However, since a physician cannot be sued for malpractice, a judge can order damages for negligence regardless of whether the doctor admits fault.
Victims who have been injured due to the carelessness of their doctor usually receive the greatest amount of money. The reason for this is that the victims’ compensation package depends on what the doctor did.
If a patient dies as a result of mistreatment, or even if the patient didn’t die because of mistreatment, the victims’ lawyers can collect more damages than if the patient is still alive. This may be because it is generally easier to show how a medical care provider injured a victim than it is to prove that the victim actually died as a result of being mistreated.
Negligence lawsuits may be brought by victims who were harmed while in the custody of the doctor. They are usually compensated for pain and suffering (pain and suffering can be stated as a dollar amount rather than an exact figure), for damage to the victim’s property, for the victim’s pain and suffering, and for losses associated with medical treatment or drugs.
A malpractice lawsuit will have a long and complicated process. If you feel that you have been harmed due to negligence, consult with a good criminal defense attorney and you may be able to recover compensation for your injuries.