Reports indicate that there are between 15,000 and 20,000 medical malpractice cases are filed in the United States every year, costing hospitals and medical centers hundreds of millions of dollars.
Basic Requirements for Medical Malpractice Cases
Prove a Relationship: For plaintiffs to prove they were victims of medical malpractice, they must prove that there was a patient-doctor relationship that existed. They must show that they visited the doctor in a professional capacity.
Negligence: Plenty of people would like to sue their doctors for not curing them of whatever alignment they suffered from. However, that cannot be done. In a medical malpractice case, the plaintiff needs to prove that the doctor’s actions directly caused him or her injury or harm.
Injury Due to the Doctor: Did the doctor’s action cause injury or death to the patient? That is one of the biggest questions that is asked in a medical malpractice case. Most patients are sick when they visit a doctor. If the patient worsens, it must be shown that the doctor’s actions caused more severe damage. In most cases in Florida, a patient will need a medical expert to testify on his or her behalf.
Injuries: When filing medical malpractice cases, patients must prove that a specific injury resulted. Medical malpractice cannot be claimed as a general complaint against a doctor. Therefore, specific damage must be shown to win.
Types of Medical Malpractice Cases
There are three common types of medical malpractice for which patients can file suit against doctors.
Failure to Diagnose: In this case, a doctor has made the wrong diagnosis of an ailment. The wrong diagnosis then led to further illness, injury, or death.
Treating a Patient in a Way No Other Doctor Would: A patient may also file a malpractice lawsuit if the doctor incorrectly or incompletely administers a medical treatment.
Failure to Warn of a Medical Risk: If a doctor does not adequately alert a patient to the risks involved with a particular kind of treatment, then that patient can not properly consent to the treatment.
Malpractice in the News
In January, a court in South Florida ruled that Dr. Osak Omulepu had failed to warn his patients of a medical risk before performing plastic surgery. According to reports, one woman who had undergone a Brazilian Butt Lift spent 28 days in a coma following the procedure. Dr. Omulepu is set to face a fine and probation following the ruling.
Lulich Legal Attorneys and Consultants
If you have been a victim of medical malpractice, Lulich Attorneys & Consultants can help. Visit our page on medical malpractice to see how we can help you. Our firm can help you with all your personal injury law needs. Contact us today.