Medical malpractice causes thousands of deaths each year in America. There are also millions of injuries that happen as well. For the victims and their families, it is a deeply traumatic experience. To find justice after medical malpractice takes place, you must first understand the process, and this guide explains all. 

Defining Medical Malpractice

The definition of medical malpractice is when a care provider, such as a doctor or nurse, fails to perform their duties and causes death or injury. For a valid claim to be made, there are certain criteria that must be ticked off. 

Subpar Standard of Care

When a patient feels they have received a level of care that is subpar, this is grounds enough to justify moving forward with a lawsuit. 

There Must Be an Injury or Death

There must also be some form of complication, injury or death that’s taken place. This has to be directly linked to the subpar standard of care. It can also be highlighted even if the care received was at an acceptable level, an injury still occurred. 

Who Is Eligible To Claim?

There are only typically two groups of people who can file a Medical Malpractice lawsuit. Firstly, the patient who is suffering as a result of the mistakes of caregivers. Secondly, the family of the patient such as a spouse, parent, or child. 

Who Are The Claims Brought Against?

When a claim is created, it is most commonly served to the person who treated the patient. This can and does include anyone from a doctor to a lab technician, as long as there is just cause. 

How Is Medical Malpractice Proven?

To verify your claim, there must be clear evidence. Sometimes, this is straightforward. For example, an infection occurred as a result of neglected hygiene standards during treatment. Other times, it can be more difficult to represent. The claimant must present medical records, a credible witness, and a statement of fact to move a case forward. It is also important to find medical malpractice attorneys with experience in this area to support your legal claim and help you navigate the process. 

What Are The Most Common Claims?

It is useful to observe the most common types of Medical Malpractice suits. These include:

• Birth related injuries
• Misdiagnosis
• Failure to provide treatment
• Incorrect surgical procedures
• Providing the wrong type of treatment

Any one of these categories can yield dangerous consequences for the patient and sometimes lead to a Wrongful Death as well. 

Typical Damages You Can Claim

It is also helpful to understand what you can realistically claim for in this type of suit. The first thing is the financial cost of treatment, also known as medical bills. From here, you can include any salary that was lost, and factor in the emotional consequences of the incident as well. The biggest thing to keep in mind regarding emotional damages is that some states cap what you can claim through tort reform in an attempt to protect healthcare systems. 

Medical Malpractice lawsuits are some of the most common in the country. They are designed to protect patients and their families from the devastating impact of a medical intervention that goes wrong.