Medical malpractice occurs when a doctor fails to offer his or her patients a level of quality care. Medical malpractice laws vary from state to state. The laws depend on the way a state defines a doctor's legal duty under the law, as well as the maximum damages available in medical malpractice claims. States like Florida set a limit to the damages that victims may receive for medical malpractice. However, victims may be able to bypass these limits if they are able to prove that a doctor's conduct was deliberate. Some states have no cap to the damages that victims may obtain if a doctor was grossly negligent.
Features of a Medical Malpractice Case
Every medical malpractice claim will feature several elements that you must prove. Because a medical malpractice claim is based on traditional roots of negligence, you will need to prove that you were owed a legal duty. You will also need to show that the doctor failed to conform his or her conduct to the relevant standard of care. You must prove that the duty was breached in some manner, and that the breach was a direct cause of the injury. You must also prove some measurable form of damages; most damages are in the form of medical expenses or pain and suffering.
Liability for Medical Malpractice
If you have suffered injuries as a result of medical malpractice, you may have several claims against different parties. You may have a claim against a doctor if he or she owns a private practice. You may also have a separate claim against the doctor if he or she was serving as an independent contractor for the hospital. In most cases, you will sue the hospital responsible for administering care. The hospital may be liable in the event that hospital staff or nurses were negligent in sanitizing a room, sanitizing equipment, or providing the necessary rehabilitation care after a surgery.
Types of Medical Malpractice
There are numerous types of medical malpractice claims. You may have a birth defect claim if a child was born with a condition like cerebral palsy. If a doctor failed to diagnose cerebral palsy or other disabilities prior to the birth, you may have a claim against the doctor for medical malpractice. Patients may also file medical malpractice claims for misdiagnosis, wrong prescription, and lack of sanitation in a hospital room.
Medical Malpractice Resources
If you are interested in learning more about medical malpractice, you should check out the website for the Standing Committee on Medical Professional Liability of the American Bar Association (ABA). The ABA Journal also regularly updates blog posts and articles on topics having to do with medical malpractice. You can also research the medical malpractice statutes of your state to learn more about a duty owed or the cap on damages.
