Did you know that medical errors account for 9.5% of all deaths in the U.S. each year, making medical malpractice a leading cause of death in the country? Medical malpractice occurs when a careless or unprofessional healthcare provider harms or kills a patient.
In 2023, the Washington Court of Appeals upheld a summary judgment for the medical provider South Sound Women’s Center Professional LLP (SSWC). Spouses Cheri and Bryson Tiller allege that SSWC was negligent in not telling Cheri to seek immediate medical care when she began experiencing bleeding and abdominal pain during her 26th week of pregnancy, which they claim resulted in the premature delivery of her baby. The plaintiff’s expert testimony wasn’t enough to prove causation, the court ruled.
According to Riverside medical malpractice attorney Travis R. Easton, sometimes, it’s hard to prove medical malpractice. This is why it is vital to consult a medical malpractice attorney as soon as possible to help you file a medical malpractice claim and gather the evidence you need to support your case.
Let’s discuss the main characteristics of medical malpractice cases and how to figure out if you have a claim.
Legal Definition of Medical Malpractice
Medical malpractice occurs when a doctor harms a patient by not exercising proper care. Failure can result from negligence, diagnosis, treatment, aftercare, or health management. Remember that not all healthcare errors are malpractice. Proof of medical malpractice requires a doctor-patient relationship, negligence, patient harm, and damages.
To determine if you have a medical malpractice case and seek legal action, you must understand the legal definition of medical malpractice.
Elements of a Malpractice Case
Understanding the key elements of a malpractice case is essential for building a strong legal argument. To establish a medical malpractice claim, several elements must be present.
- You must receive care from the healthcare provider. This duty means the doctor must provide a certain level of care.
- To breach that duty, the healthcare provider must have fallen short of industry standards. This breach may be negligent or omitted.
- The breach of duty must directly result in harm or injury to you. The harm caused must be a direct consequence of the healthcare provider’s negligence.
- Harm must cause quantifiable damages. Medical bills, lost wages, and pain and suffering are damages. Checking these elements can help you determine if you have a medical malpractice case.
Medical negligence lawyer William H. Elam says a successful malpractice claim requires proof of each of these elements; cases that lack proof of any one of them may be dismissed. The courts give careful consideration to each factor, and they frequently call on experts to explain standards and cause and effect.
Common Examples of Malpractice
If you suspect you’ve been the victim of medical malpractice, recognizing common examples of malpractice can help you assess your situation more effectively.
- Misdiagnosis or delayed diagnosis. The healthcare provider fails to correctly diagnose a condition in a timely manner, leading to improper or delayed treatment.
- Surgical errors are another prevalent form of malpractice, encompassing mistakes during surgery such as performing the wrong procedure or damaging organs.
- Medication errors, such as prescribing the wrong medication or dosage, can have serious consequences for patients.
- Birth injuries due to medical negligence during pregnancy or childbirth resulting in harm to the baby or mother are also common malpractice cases.
- Failures in obtaining informed consent from patients before procedures, inadequate follow-up care, and improper documentation of medical records can all constitute medical malpractice.
Recognizing these common examples can help you determine if you have a potential malpractice case.
Steps to Take If You Suspect Malpractice
Document all relevant details and consult a malpractice attorney immediately if you suspect medical malpractice. Maintain medical records, prescriptions, treatments, and provider communications. Write down dates, times, medical staff names, and any symptoms or issues you experienced due to suspected malpractice.
Medical devices, medication packaging, and treatment items must be preserved. If needed, photograph and store these items safely.
Avoid discussing the case on social media or with anyone other than your attorney. Avoid altering or destroying evidence that could support your claim.
Seeking Legal Advice and Representation
If you suspect medical malpractice, consult a malpractice attorney immediately. An experienced attorney can assess your case, determine malpractice, and guide you through the legal process. They can explain your rights, gather evidence, and explain medical malpractice laws.
Medical malpractice cases are difficult to prove and have statutes of limitations, so early legal advice is essential. Consulting a lawyer early ensures that deadlines are met and that your case is thoroughly investigated.
Conclusion
If you suspect medical malpractice, consult an attorney as soon as possible. Your lawyer will help you understand what medical malpractice is, how it’s legally defined, and the most common factors in malpractice cases to defend yourself and get justice.