Medical Malpractice

Physician error is a paradigm of medical malpractice, which is simply defined as professional negligence exercised by a healthcare provider—either a physician, dentist, therapist, nurse, medical facility, or managed care organization—that results in patient injury. It is also considered any action or omission that does not conform to accepted medical standards of practice.

In a medical malpractice case, the plaintiff is either the patient, an individual who has been legally designated to act on the patient’s behalf, or the executor or administrator of the patient’s estate, if the patient has died.

The Yale New Haven Medical Center has identified four fundamental elements in a successful medical malpractice claim that must be established by a plaintiff:

• A medical facility or healthcare provider has an obligation to fulfill in the treatment of the patient;
• This obligation was breached because the provider did not meet established standards of healthcare;
• Failure to meet this obligation caused injury to the patient;
• As a result of the injury, the patient also suffered financial and/or emotional damages

Statistics You Should Know:

• According to the JAMA, more than 225,000 people die annually due to physician error and/or medical malpractice.
• Each year, there are an estimated 12,000 deaths that occur due to unnecessary surgery; 7,000 deaths from administering the wrong medication in hospital settings; 20,000 deaths from other hospital-related errors; and 80,000 deaths from infections developed in hospitals; and 106,000 deaths from adverse reactions to medication.
• In a recent study by Healthgrades, a company that objectively rates healthcare facilities and providers nationwide, it was determined that an average of 195,000 hospital deaths in the U.S. in each year between 2000 and 2002 were due to medical errors that potentially could have been prevented.
• The Bureau of Justice Statistics reports that in 2001 (the latest statistics available), 90 percent of medical malpractice cases in 75 of the nation’s largest counties were brought to trial by plaintiffs who had suffered permanent injury or death.

Understanding the Law

As in many legal cases, the burden of proof is the plaintiff’s responsibility; he or she must provide evidence that breach of duty and professional negligence caused the patient’s injury.

If a healthcare provider or facility is held accountable for medical malpractice, both economic and non-economic damages may be awarded. Plaintiffs may receive compensation for current and future lost earnings, medical expenses, life care expenses, and pain and suffering, as well as physical and/or psychological injury. In cases of extremely careless conduct, the plaintiff may also be entitled to punitive damages.

Within the United States, most states have a two-year time frame in which plaintiffs can file a medical malpractice claim.

Have You or a Family Member Become a Victim of Medical Malpractice?

There are three basic, yet imperative steps that you must take if you believe that a healthcare provider or facility is responsible for medical malpractice:

1. Obtain the name and contact information of the medical personnel and the facility responsible for providing care to the patient. 
2. Obtain all of the patient’s medical records.
3. Contact an attorney with experience in medical malpractice.

Why You Need a Personal Injury Attorney

Malpractice lawsuits are not only costly and complicated, but they are increasingly difficult to pursue due to state legislation that has been enacted to protect the healthcare industry. A competent attorney is skilled in overcoming legal obstacles, collecting irrefutable evidence, filing appropriate paperwork, finding credible medical experts for court testimony, and working diligently to protect the plaintiff’s rights so that just compensation is awarded.

To find a personal injury attorney in your community who has expertise in medical malpractice claims, please use the grey search box at the top of the page.

THIS IS NOT LEGAL ADVICE - PLEASE CONSULT WITH AN ATTORNEY REGARDING YOUR SPECIFIC CASE