Medical Malpractice

Medical malpractice is professional negligence by act or omission by a health care provider in which care provided is different from accepted standards of practice in the medical community and causes injury to the patient.

Regulations and standards for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.

Medical Malpractice Claim
Parties Involved

The plaintiff is or was the patient, or a legally designated party acting on behalf of the patient, or in the case of a wrongful death suit, the executor or administrator of a deceased patient's estate.

The defendant is the health care provider. Although a health care provider usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. As illustrated in various cases "following orders" may not protect nurses and other non-physicians from liability when committing negligent acts. Claims may also be brought against hospitals, clinics, managed care organizations or medical corporations because of mistakes by their employees.

Damages
The plaintiff's damages may include compensatory and punitive damages. Compensatory damages are both economic and non economic. Economic damages include financial losses such as lost wages, sometimes called lost earning capacity, medical expenses and life care expenses. These damages may be assessed for past and future losses. Non economic damages are assessed for the injury itself, physical and psychological harm, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. Punitive damages are only awarded in the event of wanton and reckless conduct.

Statute of Limitations
There is only a limited time during which a medical malpractice lawsuit can be filed. In the USA, these statute of limitations laws vary from state to state. You should seek the help of an experienced personal injury attorney in your area to review your case. Many offer a free initial consultation.