Your Medical Malpractice Questions Answered

A:    To prove malpractice occurred, a few basic requirements must be met. First and foremost, a doctor-patient relationship must exist, and the care provided was negligent and resulted in injury. The plaintiff will need to show the provider's incompetence directly caused injury resulting in specific damages. A good faith malpractice claim occurs when the care provided fails to meet the standard of care a reasonably competent professional would provide. ^[1]

A:    The following types of lawsuit claims are the most common: ^[2]

* Misdiagnosis / Failure to Diagnose - The failure to make a correct diagnosis can have catastrophic consequences for the patient. It can lead to missed treatments which could have been lifesaving, or cause patient suffering which could have been avoided.

* Birth Injuries - OBGYN errors and childbirth-related medical mistakes account for a significant number of malpractice claims. Medical errors during childbirth and during the following care can cause several of life-long conditions such as: spinal cord injuries, cerebral palsy, cephalohematoma, and other developmental damage.

* Surgical Error - This can include surgical or procedural errors in the operatory. Physicians can leave tools inside the body, operate on the wrong patient, perform the incorrect procedure, among other mistakes which can cause the patient harm.

* Medication Errors - Incorrect dosing and administration of prescription drugs, prescription mistakes resulting in the wrong medications, or dangerous interactions can cause injury.

* Failure to Treat - Examples include releasing patients too soon from the hospital. Failing to order proper tests or provide instructions for follow-up care. A negligently ignoring a patient's medical history when prescribing treatment or medication.

A:    When medical negligence causes a patient to suffer an injury it is considered medical malpractice. Negligence occurs when the healthcare provider fails to meet the standard of care entitled their patient. This duty of care obligates practitioners to provide treatment which would be deemed reasonably proper and competent by other healthcare professionals.

A:    The guideline known as the standard of care requires the following four elements be met for a plaintiff to recover damages: duty, breach of duty, harm, and causation. A doctor patient relationship must exist, the provider fails to meet the standard of care, this failure results in the patient suffering injuries resulting in harm.

A:    HIPAA provides patients a right to obtain medical records from their healthcare providers with a few exceptions. The Privacy rule provides an enforceable mechanism to obtain this medical information. HIPAA protected health information is obtainable by a plaintiffs representing attorney with a signed authorization.

A:    Damages can include general, special, and punitive. The three types of damages available in a malpractice case and the amount will vary based on the state. A number of states have caps on what and how much in damages the patient may be able to recover. Examples of general damages can include pain and suffering, loss of future earning capacity, and lost enjoyment of life. Special damages include quantifiable economic expenses incurred. Punitive damages may be awarded in special circumstances when the provider knowingly acted in a harmful manner.

A:    Depending on state limitations, a patient may be able to pursue legal action against any medical professional or organization which failed to provide reasonable care. This can include the hospital, anasthesiologist, physicians, pharmacists, OBGYNs, etc.

A:    Malpractice claims lead to higher insurance premiums for medical professionals. A medical malpractice lawsuit does not directly affect the doctor's license to practice. If a pattern of abuse is revealed, additional claims make it more likely that the doctor will be suspended or have their license revoked.