Medical malpractice is a civil wrong that occurs when a medical professional causes a specific kind of injury to a patient. In order to qualify as medical malpractice three elements must be demonstrated: There was a standard of care violation, a significant injury has occurred, the injury occurred as the result of negligence. The most common kinds of medical malpractice include childbirth injuries, medication errors, or misdiagnosis.
In order to show a standard of care violation, the patient must show that the medical practitioner departed from or failed to meet the level of care that a reasonable medical practitioner would have taken. Demonstrating a significant injury can involve proving that the injury caused you to suffer disability, loss of income, or unusual levels of pain and suffering. Finally, in order to demonstrate negligence it must be shown that the medical practitioner did not act as a reasonable professional would have and violated the duty of care that was owed to you.
Medical malpractice insurance ranges in cost depending on the state, area of practice, and other factors. On average, medical malpractice insurance plans cost approximately $7,500 annually but for some professions such as surgeons, premiums can reach as high as $50,000 per year. While this is expensive, the cost of paying attorney's fees and potential fines for malpractice can quickly outstrip the annual premium costs.
There are many parties who can be sued for medical malpractice. There are practitioners who interact with the patient such as anesthesiologists, chiropractors, dentists, nurses, pharmacists, physicians, or surgeons. Additionally, the hospital or corporation that employs these practitioners may be sued as well as pharmaceutical companies that make the drug. The primary limit for who can be sued is whether or not you can establish liability for an injury. If a state has “vicarious liability” laws, then an employer can be held accountable for the negligent actions of an employee.
If you have experienced medical malpractice you will need the help of a medical malpractice attorney. An experienced medical malpractice attorney can use their experience legal expertise and expert witnesses to help you achieve the best possible outcome for your case. The best place to find a medical malpractice attorney is Attorney at Law.
At AAL, our nationwide network of attorneys and law firms can match you with the best medical malpractice attorney in your area. In addition to ensuring our partners have excellent qualifications and case records, AAL also partners with firms with exceptional client care. Medical malpractice causes both physical and emotional harm and that’s why we partner with caring and empathetic firms that will treat your case and your emotions simultaneously.