If a healthcare provider does not adhere to the standards set forth by the medical community at large, and causes harm or injury to a patient, they can be found guilty of medical malpractice. If a patient chooses to move forward with a medical malpractice claim, the burden of proof lies upon them and they must prove not only that the care provider did in fact act outside the medical guidelines, but they the error caused injury and loss and that it’s fair that the medical practitioner pay damages.
Most doctors and other medical practitioners – since medical malpractice can apply to doctors, nurses, dentists and psychiatrists – do carry medical malpractice insurance. As a result, like a car accident caused by a defective product, the claims begin with your attorney and their insurance company. In many cases, the medical practitioner will stipulate to the liability and the parties can come to an out of court settlement to the benefit of the plaintiff. If the medical practitioner disputes the case, then it may go to court where a judge or judge and jury come to a verdict about the case.
Medical malpractice is complex because nowadays it can also be tied closely to medical device defects and product liability issues. As technology has become a more important part of practicing medicine, the dependency on medical devices has grown and the risk of negative results because of medical device failure has grown. In fact, the lines between product liability of medical device malfunction can blur into medical malpractice if a physician fails to adequately warn a patient of the risks inherent in a given procedure or device.
For instance, if a physician recommended an implantable defibrillator or the use of an insulin infusion device and knew of a product warning or recall and used the product anyway, they could be guilty of medical malpractice while the original manufacturer would not be liable for any damages. Additionally, because a failure to warn, under product liability laws can extend from the manufacturer all the way down to the person that sells the device to the consumer, they could be found liable under product liability laws as well.
Falling into a different category, many doctors can mistakenly diagnose your ailment as a totally different illness, bringing the failure to diagnose aspect into play. A doctor is obligated to make their best hypothesis of why you are sick. If for any reason, whether the doctor misdiagnoses you because of a lapse in his knowledge or judgement, this incorrect diagnosis can cause you to lose time at work, your health and sometimes your entire savings on seeing more doctors once a missed diagnosis takes place.
Obviously medical malpractice can result in significant harm and injury to a patient. As a result of this, the damages that can be awarded if a case is proven can run from simple reimbursement of medical costs to compensation for loss of income, pain and suffering and past and future medical care. If you have been harmed by medical malpractice your first step will be to identify whether or not you have a viable case.
It is crucial, if you feel you have suffered because of medical malpractice, that you contact a medical malpractice attorney as soon as possible. There may be a statute of limitations that affects your case and the complexity of a medical malpractice claim required someone with sufficient experience and comfort with the level of technical testimony necessary in order to meet the burden of proof. With an experienced medical malpractice lawyer you will be sure to get the representation you deserve and have a much better probability of winning your case.