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GET THE JUSTICE YOU DESERVE:
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900

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LAW BLOG

What You Need To Know About Medical Malpractice & How To Handle It

  • By Mike Bannan
  • 20 Sep, 2017

What to Know About Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to omit to take an appropriate action, or gives poor treatment that results in injury, negligence, or death of a patient. The malpractice or negligence frequently involves a medical error. The malpractice can be from either a wrong diagnosis, medication dosage, treatment, injury, or death.

The Medical Malpractice law makes it possible for people to receive compensation after experiencing wrongful medical care. According to the United States National Medical Malpractice Center, there are between 15,000 and 19,000 medical malpractice cases every year. The legal regulations and laws of medical malpractice differ in every state.

 

What you will learn in this article:

  • What is medical malpractice?
  • Types of error and malpractice
  • What does a malpractice case involve?
  • What kind of damages can the plaintiff get?

 

What is Medical Malpractice?


A negligence, error, or omission can result in a medical malpractice case. A hospital or person of care is supposed to give a certain standard of attention. The professional is sometimes not responsible for the patient being hurt.  However, they are legally responsible for the damage or injury because there is a standard of care that health professionals are supposed to follow.

 

According to malpractice lawyers in the U.S., for medical malpractice to be considered, some factors must be involved in your case, such as:

 

  • Failure to provide a proper standard of care: The law requires that all healthcare professionals maintain certain standards when practicing, or they could face an acquisition of negligence.
  • Injury from a result of negligence: If a patient feels that their healthcare provider had negligence, but there is no injury. As a result, a claim cannot be filed.
  • The injury must have damaging results: The patient must be able to show that the malpractice occurred from damage.

 

Significant damage would be considered:

  • Suffering
  • Enduring hardship from the injury
  • Constant pain
  • Significant loss of income
  • Disability

 

Just because you are dissatisfied with the outcome of your treatment, does not mean that you experienced malpractice. It is only considered medical malpractice if the negligence causes injury or harm.

 

Types of Error and Malpractice

Below, we compiled a list of cases that could lead to a medical malpractice case:

 

  • A misdiagnosis or failure to diagnose
  • Performed a surgery that was incorrect or unnecessary
  • Premature discharge
  • Inability to order the right tests
  • No follow up on the injury
  • Prescribing the wrong dosage and/or medication
  • Leaving instruments behind in the patient's body after surgery
  • The operation performed on the wrong body part
  • The patient is experiencing persistent pain after the surgery
  • Infections that could be fatal acquired in the hospital
  • Pressure ulcers or bedsores

 

Other potential medical malpractice cases include if there was a fire in the hospital and the patient got hurt or if the patient commits suicide when under the care of hospital staff.

 

Although blood thinners can reduce the risk of stroke and heart attack by preventing clots from forming in the patient's arteries and veins. But blood thinners at higher doses can increase the possibility of bleeding.

 

In 2013, numerous case studies had indicated that the primary cause of medical malpractice was a misdiagnosis.

 

In 2016, Johns Hopkins stated that medical malpractice is the third leading cause of death in the U.S., after heart disease and cancer.

 

Unfortunately, there is not an exact number of how many deaths are caused by medical malpractice each year. However, we do know some facts that can help you avoid practicing with any risk prone doctors so you can avoid any possible malpractice issues.

 

Informed consent

If the patient does not provide the medical provider with proper consent to perform a procedure, the doctor may be liable. This stands even if the procedure was carried out correctly.

 

For example, if a doctor does not warn the patient that the surgery provides the patient with a 50% chance of losing a limb, and the patient loses a limb, the doctor will be held liable. This holds true even if the surgery was done correctly. The reason as to why, is because if the patient did know the risks, they might have decided not to go through with the surgery.

 

What Does a Medical Malpractice Case Consist of?


A medical malpractice case can be extremely stressful for the patient.

The plaintiff is the person that files the medical malpractice claim. This can either be the patient, a legally appointed person that will act on the patient's behalf, or in the result of patient death, the legal benefactor.

The defendant is the person that is being sued. The one being accused is the health care provider. This could be either a doctor, nurse, or tech. Even those that were following orders from someone else may be accused of negligence.

 

The plaintiff will have to prove at least four of these elements to prove a medical malpractice case:

  • A duty was owed by either the health care provider or hospital
  • A duty was breached because the health care provider or hospital didn’t live up to the expected standard of attention.
  • The violation related to an injury or closely related to an injury.
  • Considerable damage occurred in the patient, whether it be emotional, physical, or psychological abuse.

 

The process

First, the plaintiff must file a medical malpractice lawsuit against the defendant.

 

Before the trial begins, both the plaintiff and the respondent will need to share their evidence through discovery. This includes depositions, interrogations, and documents.

 

The parties may choose to settle out of the court if they wish to. In this case, the case will not have to go to trial. If they do not agree, the case is required to proceed to trial.

 

The plaintiff has to prove, in a compelling manner, that the defendant is considered negligent.

 

In most cases, both the plaintiff and defendant will bring in an expert to fully assess what the standard of care was supposed to be.

 

The fact-finder will then have to take all evidence and decide what party’s argument is the most credible.

 

The fact-finder will then explain the findings to the prevailing party. If it is the plaintiff, the judge will then decide who the ultimate winner is.

The losing party may ask to file a new trial.

 

In some cases, if the plaintiff is vying for a bigger settlement, they will request an auditor. This means that they are asking for an assessment of all damages to receive a more significant settlement.

 

If the defendant is not happy with the final judgment, they may move for remittitur, which means they request the court to reduce the number of damages.

 

Either party can seek a repeal after the final ruling.

 

What can the plaintiff receive?

After the ruling, the plaintiff may be able to receive punitive and compensatory damages.

 

Compensatory damages may include economic damages. This could include life care expenses, lost earning capacity, and medical expenses. In most cases, both the past and future losses are assessed.

Compensatory damages may also include other things such as; both psychological & physical harm, such as losing one's legs or vision, resulting in extreme pain, and emotional distress or noneconomic damages, which ultimately assess the injury itself.

 

Punitive damages are only given if the defendant is found guilty of malicious conduct. Punitive damage is a form of severe punishment.

 

Lawsuits are usually a very time-consuming and costly process. Anyone that is considering starting a trial should consider contacting a medical malpractice attorney to help them with the process.

 

The Law Offices of Alvin F. de Levie & Associates Can Help

The experienced attorneys at Alvin F. de Levie & Associates can assist you with your medical malpractice case. Our dedicated legal team and attorneys can provide you with representation and legal advice throughout your case. If you would like to receive a free case evaluation, contact us today at (844) 777-2529.


Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury. 


Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards. 


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