Medical Malpractice: What is a Personal Injury Claim?

No area of the law is more complex or controversial than medical malpractice. Medical malpractice is a professional negligence claim against a health care provider, such as a doctor, nurse, or dentist.

However, there is some debate as to whether or not medical malpractice claims are personal injury claims.

This blog post will explore both sides of the argument and help you determine which category your claim may fall into.

What is medical malpractice?

Medical malpractice is a legal term that describes when a healthcare professional, such as a doctor, nurse, or dentist, fails to provide care that meets the accepted standards in their field and causes harm to their patient.

For a medical malpractice claim to be successful, it must be proven that the healthcare professional's actions (or lack of action) were the cause of the injury and that the injury resulted in damages.

There are many different types of medical malpractice claims, but some common examples include the following:

• A surgeon leaving a foreign object inside a patient's body after surgery
• A doctor making a mistake during surgery that results in further injury to the patient
• A birth injury caused by negligent prenatal care or delivery room errors
• A failure to diagnose an illness or condition promptly
• Prescribing the wrong medication or dosage

Types Of Medical Malpractice Cases

There are many different types of medical malpractice cases.
Some common examples include:

1. Misdiagnosis or delayed diagnosis of a severe condition, such as cancer
2. Failure to properly treat a patient's condition
3. Prescribing the wrong medication or dosage
4. Performing surgery on the wrong body part or patient
5. Leaving foreign objects inside a patient's body after surgery
6. Causing birth injuries during delivery due to negligence
7. Failing to obtain informed consent from a patient before a procedure

How To File A Medical Malpractice Claim

If you believe that you or a loved one has been a medical malpractice victim, you may wonder how to file a claim. The first step is to contact an experienced medical malpractice attorney who can evaluate your case and determine if you have a valid lawsuit.

Most medical malpractice cases are based on negligence, which means that the healthcare provider failed to provide the standard of care that a reasonable provider would have under similar circumstances. To prove negligence, your attorney must gather evidence such as medical records, expert testimony, and eyewitness accounts.

Once negligence has been established, you will need to prove that the negligent action of the healthcare provider led to your injuries. This can be done by showing that the damages would not have occurred but for the healthcare provider's negligence.

If you successfully prove negligence and causation, you may be entitled to compensation for your medical bills, pain and suffering, and other damages.

The Statute Of Limitations For Medical Malpractice Claims

The statute of limitations for medical malpractice claims can vary from state to state but is typically between one and six years. The period begins on the date of the alleged malpractice or when the plaintiff discovers (or reasonably should have discovered) the injury.

There are some exceptions to this rule, such as for minors (the statute of limitations may be extended until the child reaches 18 years old) or for patients with mental disabilities (the statute of limitations may be extended until the disability is lifted).

Damages Recoverable In A Medical Malpractice Case

A few different types of damages may be recovered in a medical malpractice case. These include:

1. Compensatory damages: This damage is intended to compensate the injured party for their losses. It may include medical expenses, lost wages, and pain and suffering.
2. Punitive damages: This damage is designed to punish the person or entity responsible for the injury. It is often awarded when the actions were reckless or wanton.
3. Wrongful death damages: In some cases, the family of a person who dies due to medical malpractice may recover damages through a wrongful death claim. This can include things like funeral expenses and loss of companionship.

Results Of A Successful Medical Malpractice Case

If you are the victim of medical malpractice, you may be able to file a personal injury claim against the responsible party. Medical malpractice is a type of professional negligence that occurs when a healthcare provider fails to provide adequate care, resulting in injury or death.

To succeed in a medical malpractice case, you must prove that the healthcare provider breached their duty of care and that this breach resulted in your injuries. You will also need to show that your injuries resulted in damages, such as pain and suffering, financial losses, or reduced quality of life.

If you have been the victim of medical malpractice, you should contact a personal injury lawyer as soon as possible. A lawyer can help you investigate your claim and gather evidence to support your case.

Conclusion

There is a lot of debate surrounding medical malpractice and whether or not it should be classified as a personal injury claim.

While there are valid arguments on both sides, we believe that medical malpractice does indeed fall under the umbrella of personal injury claims.

This is because medical malpractice cases typically involve some form of negligence by a healthcare professional, which can ultimately lead to injury or even death.

If you have been the victim of medical malpractice, you may be entitled to compensation for your injuries, and our team at Ryan T. Hughes Law Firm can help you fight for the justice and compensation you deserve.