Medical malpractice is a serious and often devastating issue that affects countless victims and their families every year. While it’s important to understand the risks, it’s also important to know what medical malpractice is, the types of medical malpractice, the steps you can take to protect yourself from it, and what to do if you or a loved one has been a victim of malpractice. With the help of this comprehensive guide, you’ll gain a better understanding of medical malpractice and how to protect yourself from it.

What Is Medical Malpractice?

Medical malpractice is a term used to describe professional medical negligence that results in injury or death. It can occur in a variety of settings, including hospitals, doctor’s offices, medical clinics, and other healthcare facilities. Medical malpractice can be committed by an individual medical professional, such as a doctor or nurse, or it can be committed by an entire medical team or institution.

Medical malpractice can take many forms, including misdiagnosis, delayed diagnosis, surgical errors, and failure to diagnose. In all cases, the negligence of the medical provider must be proven in order for a successful claim to be made.

What Is the Definition of Medical Malpractice?

The definition of medical malpractice is professional negligence by a healthcare provider that results in injury or death. It occurs when a medical professional fails to meet a reasonable standard of care, resulting in harm to the patient. Medical malpractice can also occur if a medical professional fails to diagnose a medical condition or fails to provide a proper course of treatment.

What Is the Difference Between Medical Malpractice & Medical Negligence?

Medical malpractice and medical negligence are often used interchangeably, but they are not the same. Medical negligence, or medical negligence law, is a legal concept that defines the legal responsibility of healthcare providers in providing a certain standard of care. Medical malpractice, on the other hand, is a specific type of medical negligence that involves a breach of that standard of care that results in harm to the patient.

Types of Medical Malpractice

Common types of medical malpractice include failure to diagnose, misdiagnosis or delayed diagnosis, surgical or procedural errors, delayed treatment, failure to treat, and birth injuries.

Failure to diagnose, misdiagnosis or delayed diagnosis occurs when a healthcare provider fails to diagnose a patient’s condition or makes an incorrect diagnosis. This may be due to a failure to order appropriate tests, misinterpretation of test results, or a failure to recognize the symptoms of a particular condition. Delayed diagnosis can be particularly harmful as it can lead to a worsened condition or even death.

Surgical or procedural errors occur when a healthcare provider fails to perform a procedure or surgery with the accepted level of care. This includes performing the wrong operation, operating on the wrong part of the body, or leaving medical instruments or other objects inside the patient’s body.

Delayed treatment occurs when a healthcare provider fails to provide timely treatment for a patient’s condition. This can be due to a delay in diagnosis or simply delaying treatment for a condition that has already been diagnosed.

Failure to treat occurs when a healthcare provider fails to provide necessary treatment for a patient’s condition. This can be due to a misdiagnosis, lack of knowledge, or simply failure to recognize the severity of the condition.

Birth injuries occur when a healthcare provider fails to provide the necessary care during labor and delivery resulting in injury to the baby. This can include failure to diagnose a medical condition in the mother, failure to recognize fetal distress, or failure to perform an emergency C-Section when necessary.

These are some of the more common types of medical malpractice. It is important to remember that a healthcare provider’s failures can be extremely harmful and can even lead to death. If you or a loved one have experienced any of the above issues due to a healthcare provider’s negligence, it is important to speak with a medical malpractice attorney.

Statistics on Medical Malpractice

According to a 2020 report by Johns Hopkins Medicine, medical errors are the third-leading cause of death in the United States, behind only cancer and heart disease. In fact, an estimated 250,000 to 440,000 people die each year due to medical errors.

In addition to the physical and emotional toll that medical malpractice can take on victims and their families, it can also have a significant financial impact. According to the National Practitioner Data Bank, medical malpractice payments totaled more than $4.2 billion in 2019 alone.

Causes of Medical Malpractice

Medical malpractice can occur for a variety of reasons. Some of the most common causes of medical malpractice include:

• Poor Communication Between Medical Professionals
• Inadequate Training or Experience
• Inadequate Staffing Levels
• Poor Record Keeping
• Medication Errors
• Failure to Diagnose a Medical Condition
• Failure to Follow Accepted Standards of Care

How to Protect Yourself from Medical Malpractice

Taking steps to protect yourself from medical malpractice is essential. Some of the steps you can take include:

• Research Your Doctor Before Making an Appointment
• Ask Questions and Make Sure You Understand the Answers
• Make Sure Your Medical Records Are Accurate
• Understand the Risks and Benefits of Any Procedure or Medication
• Speak Up if You Have Any Concerns
• Follow Up with Your Doctor After Any Procedure or Treatment
• Get a Second Opinion if You’re Not Sure

What Is a Medical Malpractice Lawyer?

A medical malpractice lawyer is an attorney who specializes in representing victims of medical malpractice. These lawyers have extensive knowledge of medical malpractice law and can help victims and their families seek justice and compensation for their injuries.

Why You Should Hire an Attorney as Soon as You or Someone You Love Is Injured

If you or someone you love has been injured or died due to medical malpractice, it’s important to hire an experienced medical malpractice lawyer as soon as possible. An experienced lawyer can help you understand your legal rights and fight for the compensation you deserve. They can also help you navigate the complex legal process and ensure that your rights are protected.

The Legal Process for Filing a Medical Malpractice Claim

The legal process for filing a medical malpractice claim can be complicated and time-consuming. The first step is to file a complaint with the appropriate state agency or court, which will then conduct an investigation. During this process, your attorney will collect and review medical records, interview witnesses, and prepare your case. Once the investigation is complete, your lawyer will file a lawsuit on your behalf.

What Is the Statute of Limitations on Medical Malpractice?

The statute of limitations is the time limit for filing a medical malpractice claim. The statute of limitations varies from state to state, so it’s important to check with a medical malpractice lawyer to determine the specific time limit in your state. In general, in Florida, a victim of medical malpractice has two years to file their lawsuit, but certain conditions can extend this time frame. It’s a complicated endeavor which is why it’s important to reach out to a board certified, expert medical malpractice attorney to ensure you’re getting all the facts in accordance with the law.

How to Find a Good Malpractice Lawyer

Finding a good medical malpractice lawyer is essential for the success of your case. When looking for a lawyer, it’s important to research their qualifications and experience, as well as their track record of success. You should also make sure that the lawyer is familiar with the laws in your state and is willing to work with you. Learn more about how to find a good malpractice lawyer today.

Resources for Victims of Medical Malpractice

If you or someone you love has been injured due to medical malpractice, there are a number of resources available to help you. The National Board of Trial Advocacy (NBTA) and the American Board of Professional Liability Attorneys (ABPLA) both offer a some resources for victims of medical malpractice and attorney referrals. In addition, many state and local bar associations provide legal assistance for victims of medical malpractice.

Choose MANEY | GORDON Trial Lawyers for Your Medical Malpractice Case

If you or someone you love has been injured due to medical malpractice, the experienced medical malpractice attorneys at MANEY | GORDON Trial Lawyers can help. Our medical negligence attorneys have extensive experience in medical malpractice cases and will fight to get you the compensation you deserve. We understand the complexities of medical malpractice cases and will work to protect your rights and ensure that justice is served. Contact our attorneys today to learn if you have a case and how we can help you.