Medical Malpractice Lawsuits are on the rise and are now a major factor in American society. Each year, at least one medical malpractice lawsuit is filed. Most of these cases are won by the plaintiff, however, sometimes, it is the medical professional who does not act properly that causes a personal injury lawsuit. You need to understand the difference between the two.

A medical malpractice lawsuit arises when a doctor, nurse, or other medical professional fails to do his job or any activity as prescribed by him. The patient’s injury could have been easily prevented if the physician or his/her staff had performed his job correctly. These professionals are held responsible if they fail to provide a safe working environment for their patients. The term ‘malpractice’ describes any wrong or breach of conduct that is recognized as inappropriate. For example, medical malpractice would be the failure to diagnose the patient with a disease, treatment, or procedure, or failure to deliver a service in a manner that is acceptable to the patient.

The general rule in malpractice is that if the patient’s injury was caused due to the negligence of the physician, the plaintiff can file a lawsuit. However, this is where the differences between a malpractice lawsuit and a medical malpractice lawsuit arise. Whereas in medical malpractice, the plaintiff must prove that the physician or his/her staff breached their ethical or legal obligations. This means the plaintiff must show that the breach has caused the injury. However, medical malpractice does not require the plaintiff to prove actual physical damage.

Medical Malpractice And The Elements Of A Claim

Malpractice is defined as when a professional fails to competently perform their duties. A doctor or medical professional can be liable for medical malpractice when they fail to take the necessary steps to provide you with the medical care that you reasonably should expect in your situation. There are many factors involved in these cases, such as your current medical well-being, and whether your care can be defined as emergency treatment. Furthermore, it’s not just MDs who owe you a certain level of medical professionalism. You can be the victim of medical malpractice due to the negligence of nurses, dentists, and technicians.

Medical malpractice law is very similar to other types of personal injury, but here negligence is defined within the scope of the medical profession. These cases are always hard-fought, and very technical, but the elements that your medical malpractice lawsuit must prove to obtain compensation are:

  • A doctor-patient relationship existed – It must be clear that you hired the other party to be your medical professional, and that their impact on you was within this relationship. For example, you cannot sue a doctor if you overheard them giving bad medical advice to someone else.
  • The doctor acted negligently – Negligent care is that which cannot be considered “reasonably skillful and careful.” This must show a lack of competence that is certainly not normal given the circumstances.
  • The negligence caused your injury – You cannot win damages if your injuries are shown to have existed before the negligent medical care took place. Instead, your injuries must be directly tied to the careless medical professional’s actions.
  • Your injuries resulted in specific damages – Your harm must be clearly shown. This can be done by showing the physical pain you suffered, along with your medical bills to fix the error, and even your lost wages due to the time you missed from work.