Are you worried that something went wrong during your medical treatment?
You might be suffering from medical malpractice — and you may not even know it. Each year, medical errors result in 250,000 deaths in the US. That’s more than any single disease except heart disease and cancer.
Medical malpractice doesn’t just happen to “other” people.
You deserve to be heard and compensated for medical harm. That’s why medical malpractice law is here. If you’re a victim of medical negligence — or if you suspect malpractice happened — you have options.
In this guide, we’ll break down exactly what medical malpractice is and what you should do if you think you might be a victim. This guide covers:
- What is medical malpractice?
- Understanding your patient rights
- Common types of medical malpractice
- How to know if you have a valid medical malpractice claim
- Finding a good medical malpractice law firm for your case
- What to expect from the medical malpractice claims process
- Time limits on filing a claim
- Protecting yourself from medical malpractice in the future
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligence or mistake causes harm to a patient.
Negligence can include doctors who misdiagnose conditions, surgeons who make preventable mistakes in the operating room, nurses who give the wrong medication, and hospitals that don’t have proper protocols in place.
The key word here is negligence. Mistakes can happen. But not every mistake is medical malpractice. When a healthcare professional deviates from accepted medical standards and causes harm — that’s malpractice.
Think of it this way… If a reasonable healthcare provider would have acted differently and avoided the injury or harm, then there may be a malpractice case.
The Shocking Reality of Medical Malpractice
Want to hear something that might blow your mind?
In 2023, 11,440 malpractice claims were reported to the National Practitioner Data Bank. That’s $4.8 billion in settlement payouts… an average of $420,000 per claim.
But here’s the kicker… Not every victim files a claim. The actual number of medical errors is much higher than the number of reported claims and lawsuits. The vast majority of victims never realize they have a case or are too intimidated to pursue legal action.
The bottom line? Medical malpractice is a serious problem that deserves your attention.
Your Patient Rights Explained
As a patient, you have certain rights when it comes to medical treatment.
St. Louis criminal defense attorneys represent the rights of people who have been accused of a crime. Medical malpractice law firms protect the rights of patients who have been harmed by healthcare providers.
Here are the fundamental patient rights you should know about:
The right to informed consent before any treatment or procedure. Healthcare providers must explain procedures, risks, and alternatives before beginning treatment.
The right to privacy of your medical information under HIPAA.
The right to refuse medical treatment.
The right to quality care that meets accepted medical standards.
When healthcare providers violate these rights and cause harm, a medical malpractice law firm can help you seek compensation.
Common Types of Medical Malpractice
There are many forms of medical malpractice, but here are some of the most common types:
Misdiagnosis
Misdiagnosis is the most common form of medical malpractice, accounting for 32% of all claims. A failure to diagnose or delayed diagnosis can lead to incorrect treatment or unnecessary suffering.
Surgical and Medication Errors
Errors during surgery can include operating on the wrong body part or leaving behind surgical instruments. Preventable medication mistakes kill thousands of patients each year.
Birth Injuries
Birth injuries can cause permanent harm to mothers and newborns. Cerebral palsy from oxygen deprivation during childbirth and nerve damage from forceps are common birth injury malpractice cases.
How To Know If You Have a Medical Malpractice Case
Not every bad outcome or mistake during treatment is medical malpractice. To have a valid case for compensation, four elements must be present:
- Duty of care: A doctor-patient relationship existed.
- Breach of duty: The healthcare provider failed to meet the accepted standard of care.
- Causation: The provider’s breach of duty directly caused the injury or harm.
- Damages: The patient suffered actual harm or damages as a result of the negligence.
If any one of these elements is missing, it’s not medical malpractice.
The tricky part… Proving these four elements often requires the testimony of medical experts. A medical malpractice law firm will review your medical records and consult with experts to determine if you have a case.
Choosing The Right Medical Malpractice Law Firm
Choosing the right legal representation for a medical malpractice claim is critical. Medical malpractice lawsuits are complex and require specialized medical and legal expertise. A good medical malpractice law firm will:
Have experience handling medical malpractice cases, specifically.
Have access to a network of medical experts who can testify.
Have the resources to handle expensive litigation.
Have a track record of successful medical malpractice settlements.
Many medical malpractice law firms work on a contingency basis. You don’t pay unless they win your case and get you a settlement.
The Medical Malpractice Claims Process
Medical malpractice claims follow a similar process, regardless of state.
You’ll start by consulting with a medical malpractice law firm to determine if you have a case. If they think you have a claim, they will investigate it by gathering your records and consulting medical experts.
The next step is filing the lawsuit. Your lawyer will file a complaint in court. The defendant healthcare provider will then file an answer or response.
Discovery is the next phase of the claims process. Both parties exchange evidence and take depositions. The plaintiff’s medical experts will review medical records.
Most cases settle before trial. Your medical malpractice law firm will negotiate a settlement with the provider’s insurance company. If a fair settlement isn’t possible, then the case goes to trial.
Time Limits For Filing A Medical Malpractice Claim
Don’t wait too long to take legal action after a medical injury.
Every state has time limits for filing a medical malpractice claim called statutes of limitations. If you file a claim after the deadline expires, you lose your right to compensation.
Most states give you one to three years from when you discovered (or should have discovered) the injury. Statutes of limitations vary by state, so you need to act quickly to protect your rights.
Missing the deadline is one of the most common mistakes victims make. Consult a medical malpractice law firm as soon as possible to make sure your case is filed on time.
Protect Yourself From Medical Malpractice
Prevention is always better than litigation, when possible.
While you can’t always prevent medical mistakes, you can reduce your risk. Take an active role in your healthcare by asking questions about your diagnosis and treatment options. Get second opinions before major procedures. Request copies of all your medical records.
Being an informed patient is your best defense for quality healthcare. But if a medical provider does cause harm, good record-keeping will help prove your case.
The Bottom Line
Medical malpractice can shatter your health and your life. But you don’t have to suffer in silence.
If you believe medical negligence has caused you harm, you should contact a medical malpractice law firm. They will review your case for free and let you know if you have a valid claim.
Don’t let fear or uncertainty prevent you from seeking justice. Medical malpractice law firms exist to help victims like you navigate the legal process and get the compensation you deserve.
Act quickly to protect your rights. There are time limits for filing medical malpractice claims. The sooner you file your claim, the better your chances of success.
Your health and your rights matter. Take the first step today.