Medical malpractice is a personal injury that can occur in any medical setting or healthcare environment. A claim for compensation or damages is also known as an action in tort. It may exist when one individual’s healthcare services deviate from accepted standards and cause injury. Many medical malpractice claims vary in their legal requirements and allege specific conduct on healthcare providers.
The following guide outlines some standard medical malpractice claims.
There are many different types of negligence claims that can arise from a medical malpractice claim. These different types of negligence claims result from errors made by the physician during the treatment and care of their patient. The standard for these negligence claims is to show that the plaintiff’s error would not have suffered the injury that they did. This standard is used because it allows a plaintiff to recover for their injuries even if they contributed to their damages, especially in emergencies where the physician’s treatment is urgent and immediate.
Intentional Misconduct Claims
Claimants can prove that a healthcare provider intentionally misdiagnosed an injury or illness through a medical malpractice lawyer. They can also report purposefully administering the wrong medication or any other intentional mistake when providing care. This happens if they can prove that the defendant’s actions were outside of acceptable professional standards for that particular court officer. Claimants should also prove how such actions did indeed cause harm to the claimant. A patient may also claim that a doctor left a foreign object inside their body during surgery.
Strict Liability Claims
A claimant can only sue the healthcare provider for strict products liability if they can prove, beyond any reasonable doubt, that their injury was caused by a defective product used in the course of care. The claimant does not need to prove negligence on behalf of the provider or even establish that their injuries would have been prevented had proper care been administered. It is unnecessary to show that the defendant directly manufactured or sold the product. Third-party sellers can also be included.
Breach of Warranty Claims
A breach of warranty occurs when an individual promises or guarantees another party that something will happen and then fails to fulfill such promise without valid cause. In medical malpractice situations, a patient may claim that a defendant breached the warranty of good and merchantable care. A patient can prove that this standard was violated if they show that the defendant failed to provide them with proper services and that such negligence led, in some way, to their injury.
When a patient has an adverse medical outcome and believes that the healthcare provider’s negligent care caused harm, the first action is often to file a legal claim(s) against those alleged responsible. The consent claim arises when a claimant alleges that they would not have permitted certain medical procedures had they been properly informed or consented before treatment being administered. A doctor must establish consent through the four corners of the patient’s consent form or demonstrate that circumstances prevented communication earlier. If it is shown that unnecessary procedures were performed on a particular individual, then the healthcare provider has breached their duty owed to their patient(s). This breach falls under both negligence and intentional misconduct claims.
Medical malpractice is an area of law that has grown tremendously in scope and significance over several decades. This rise in medical malpractice claims has occurred mostly due to two factors. One is that more people are insured by health insurance than ever before, giving them access to services they may not have otherwise received without insurance. The other factor is that advances in medicine have increased the number of injuries and fatalities in the aggregate due to medical negligence and wrongdoing.