The standard of care
Every healthcare provider must deliver care that meets the accepted medical standard under the circumstances. When they fall below that standard and a patient is harmed, they can be liable for medical malpractice.
Common types of medical malpractice
- Misdiagnosis or delayed diagnosis: Failing to diagnose cancer, heart attacks, strokes, infections, and other serious conditions.
- Surgical errors: Wrong-site surgery, retained surgical instruments, nerve damage, anesthesia errors.
- Birth injuries: Cerebral palsy from birth asphyxia, brachial plexus injuries, failure to monitor fetal distress.
- Medication errors: Wrong drug, wrong dose, dangerous drug interactions, failure to account for allergies.
- Failure to obtain informed consent: Not explaining material risks of a procedure or treatment.
- Hospital negligence: Understaffing, failure to follow protocols, poor record-keeping.
What makes these cases complex
Medical malpractice cases require expert testimony from qualified medical professionals who can explain how the standard of care was breached. Most states also have short notice requirements and pre-suit screening panels. Acting quickly is essential.
Damages in malpractice cases
- Past and future medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Loss of enjoyment of life
- In cases of death, wrongful-death damages