Medical Malpractice Lawsuit Archives

Medical Malpractice Lawsuit

When a doctor or health care professional negligently does something that a reasonable physician would not have done or when a health care professional fails to take an appropriate action, it may be a case of medial malpractice. Medical malpractice may result in serious injury or even wrongful death. Reasons for a medical malpractice lawsuit include medication errors, improper diagnosis or failure to diagnose, lack of informed consent, abandonment, and surgical error to name a few.


There are four elements to a successful medical malpractice lawsuit: duty of care, breach of duty, injury, and proximate cause. Any health care professional who agrees to diagnose or treat a patient assumes a duty of care regarding that patient. This means that the professional must treat the patient with at lease the same level of care as a reasonably competent health care professional. Breach of duty involves not treating the patient at this minimum standard. Health care professionals who disregard well-established medial standards or attempt procedures beyond their skills may have breached their duty towards the patient. The proximate cause is the act that caused the plaintiff’s injury that is claimed in the lawsuit. The damages are the losses incurred by this injury. Damages may include pain and suffering, lost wages, medical expenses, and possibly punitive damages. Some states have imposed a limit on the maximum amount an individual can recover in a medical malpractice lawsuit.

If you feel you have suffered due to medical malpractice it is important to contact a lawyer as soon as possible. The statute of limitations on medical malpractice varies from state to state, anywhere from six months to four years. This time limitation usually begins with the initial date of harm. However, if the malpractice is not discovered until a later date the limitation may be adjusted to the date of discovery in some instances.

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