Medical malpractice, a serious issue, happens when a doctor, other health care professional, or a hospital through an act or omission, deviates from the accepted standards of practice of the medical community, thereby causing injury or harm to a patient.
To prove medical malpractice, several key elements must be established:
- A doctor-patient relationship existed, creating a duty of care.
- The healthcare provider was negligent or deviated from the standard of care.
- The provider’s negligence directly caused harm or injury to the patient.
- The patient suffered specific damages, whether physical, emotional, or financial.
Examples include diagnosis, treatment, health management, medication dosage errors, or failure to warn patients of potential treatment risks. Surgical errors, premature discharge, poor follow-up care, and disregarding patient medical histories can constitute malpractice.
Damages in malpractice cases, which can be extensive, include additional medical bills, lost income, diminished quality of life, disability, severe pain, and suffering. In egregious cases involving gross negligence, punitive damages may also be awarded.
Doctors, recognizing the potential for ruinous judgments, carry malpractice insurance. This insurance serves as a crucial protection, but malpractice suits aim to hold negligent providers accountable and compensate patients injured by substandard care.