It is extremely rare for intentional harm to occur in the healthcare industry – though it can sometimes happen. The breach may be a failure to diagnose, delay in diagnosis, improper treatment, failure to obtain informed consent, and/or substandard care including substandard surgery. • Governance Standards and Compliance Levy, Golden, Sacks: California Torts. If you were not advised about any of this, you may have a case as well. We also use cookies to analyze our website's traffic using a third party partner (Google Analytics), but we make your IP address anonymous before sharing it with them. What is Medical Malpractice? These are some of the most common types of medical malpractice. By Joe R. McFarlane Jr., MD, JD, and Paul Weber, JD. The negligence must actually cause a personal injury to you and the injury must have had a serious impact on you such as pain and suffering, mistaken removal of a body part, or inability to work. Non-economic damages are subjective and include pain, physical impairment, mental suffering, inconvenience, loss of society and companionship, and humiliation (past, present and future).
For example, if you found out several years later that your doctor did a bypass on the wrong artery, but the statute of limitations is up, you are given a specific amount of time from the date of discovery of the mistake to file your case. Even though a plaintiff may prove all four elements of negligence, a defendant-physician can raise defenses which may bar or diminish the plaintiff’s claims. Errors in the medical industry are surprisingly common and often result in serious consequences for the victim.
© LegalZoom.com, Inc. All rights reserved. Accidents can and do happen in all areas of life; however, when an error occurs during medical treatment, it may qualify as medical malpractice. Thus, if it is established that a breach in the standard of care occurred in a particular cataract operation, and later the patient has an unrelated central retinal vein occlusion, resulting in loss of vision, the element of actual causation would not be satisfied in that the injury of which the patient complained, the loss of vision, was not actually caused by the breach. The mistake the health care provider made must actually result in harm to the patient. 4 • What We Offer Please see, Privacy Notice for California Residents – We Do Not Sell Your Information. When that happens, you or a loved one who’s been harmed by medical malpractice can file a lawsuit seeking financial compensation. Perhaps the posterior capsule ruptured and the nucleus sank back into the vitreous, or the child with a previously esotropic eye awoke from muscle surgery with exotropia, or your patient had an expulsive hemorrhage or cardiac arrest during surgery. In some jurisdictions, non-economic damages are limited by law in medical negligence cases; for example, in California non-economic damages may not exceed $250,000. Complications lead to eventual loss of the left eye. One defense is the failure of the plaintiff to commence the action within the time limits set by statute in the jurisdiction where the case is being brought. When a marriage ends, it's important to take the necessary legal steps to formally terminate the relationship. But if you or a family member has experienced serious pain or suffering because of medical mistakes and negligence, let The Cochran Firm Mid-South help evaluate your case. explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,
In cases regarding alleged medical negligence, the legal duty of due care is established by the physician-patient relationship. Learn how an irrevocable trust can avoid taxes, protect property from creditors, and preserve property if Medicaid or other government benefits become desirable. It is also the type of professional negligence that causes such harm. The plaintiff has the burden of proof to establish four elements for a finding of negligence: The existence of a legal duty to use due care owed by a defendant ophthalmologist to a patient; IV. Find out more about personal injury lawyers, how they fight to win your case, and when you should seek out their help when you’ve been injured. selection of forms or strategies. The medical malpractice definition is that the health care provider did not follow the standard of care in the profession in that area. Failing to diagnose a patient as having a heart attack, providing the wrong diagnosis to a sick patient thus delaying treatment, giving a patient someone else’s medication, operating on the wrong body part, or giving a baby an adult dose of a medication are all examples of medical malpractice. When an ophthalmologist is sued for medical malpractice, the usual cause of action is negligence. a law firm or a substitute for an attorney or law firm.
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