Medical malpractice occurs when a patient is harmed by a medical professional who did not competently perform their medical duties. Each state has its own specific rules when it comes to medical malpractice. These rules cover everything from when you must file the lawsuit to whether or not you should notify the medical practitioner beforehand.
However, some principles and rules apply to medical malpractice in any and every state. Below are the types of medical malpractice claims and requirements for filing a lawsuit.
Types of Medical Malpractice Claims
Medical malpractice involves harm caused to a patient by a negligent medical professional, and every state has its own rules regarding it. “Medical malpractice lawsuits are undoubtedly tough as a complex body of rules regulates them. As such, you should strongly consider getting legal representation or advice from an experienced lawyer,” advises attorney Christina Hanna of Berkowitz Hanna Malpractice & Injury Lawyers.
The types of medical malpractice claims vary according to the situation that led to the claim. Malpractice claims can arise for different reasons, such as a doctor not telling a patient the (severe) side effects of a drug. Below are the various categories of medical malpractice claims:
Improper Treatment
This claim occurs when a doctor treats a patient in a manner that a competent doctor would not. It can also happen if the doctor chooses the proper treatment but incompetently administers it.
Not Diagnosing a Patient’s Illness
Sometimes, a doctor may fail to discover a patient’s illness or give the wrong diagnosis. If a reasonably competent doctor under similar circumstances would have been able to diagnose or make a different diagnosis, the patient may have a viable claim of medical malpractice, primarily if the diagnosis would have led to a better outcome.
Failing to Warn of Known Risks
Doctors have the duty of informed consent: to inform their patients of the known risks of a course of treatment or procedure. If the patient has chosen to go through with a procedure without being adequately informed of possible risks, they may file a lawsuit. They might file a lawsuit if the procedure injured the patient in a way they were not informed about.
General Requirements in Medical Malpractice Claims
To prove there was medical malpractice, the plaintiff must prove the following:
That there was a doctor-patient relationship
There must have been a relationship between you and the doctor you are suing. If the doctor did not treat you directly or you overheard a doctor advising a party, you cannot sue.
That the doctor was negligent
It is not enough to be unhappy with the treatment or its results; the doctor must have been negligent in treating you. For a medical malpractice claim to hold, the doctor must have harmed in a way a competent doctor would not have.
That the doctor’s negligence harmed you
The doctor’s negligence must have been the cause of your injury. In this case, you will likely need the testimony of a medical expert to prove that the doctor’s negligence caused the injury.
That the injury brought about certain damages
Even if the doctor is guilty of medical malpractice, unless the resulting injury brought about certain damages, you cannot sue. These damages include lost work, lost earning capacity, mental anguish, physical pain, and additional medical bills.
Special Requirements for Medical Malpractice
Some states have peculiar rules for filing a medical malpractice claim. They include the following:
- The claim must be filed between six months to years after the negligent act occurred or injury discovery, depending on the state. Filing after the “statute of limitations” will result in dismissal, regardless of the evidence.
- Many states require that the patient submit the claim to a malpractice review panel. They will hear the arguments, review the evidence and expert testimony, and decide whether there was malpractice.
- In some states, the patient must notify the doctor of the malpractice before filing anything.
Conclusion
In conclusion, medical malpractice claims are complex and heavily regulated, with requirements varying significantly across states. To pursue a successful claim, plaintiffs must meet strict criteria, including proving a doctor-patient relationship, negligence, harm, and damages. Additionally, understanding state-specific rules like statutes of limitations, review panels, and pre-filing notifications is crucial. Given these challenges, seeking guidance from an experienced medical malpractice attorney can make all the difference in navigating the legal process and ensuring your rights are protected.
