What Is Medical Malpractice 

December 10, 2022 | Uncategorized | By Personal Injury Legal Directory | 0 Comments

Medical Malpractice Lawyer

A medical malpractice lawsuit is a personal injury case that is filed against a medical professional for an act or lack of action that caused a patient’s injuries. There are a number of medical professionals that can be sued for malpractice, including doctors, nurses, pharmacists, EMTs, and more. Even the facility where the malpractice occurred can be sued. If a medical malpractice lawyer can show that the medical staff’s negligence caused the victim’s injuries and those injuries caused the victim’s losses, the court will likely award the victim financial compensation for those losses.

Causes of Malpractice

Some of the most common causes of medical malpractice include:

  • Failing to feed a disabled patient
  • Failure to diagnose
  • Giving the victim the wrong dosage of medication
  • Giving the victim the wrong medication
  • Leaving instruments or other items inside the victim during surgery
  • Misdiagnosis
  • Not properly sterilizing hospital equipment
  • Not properly sterilizing hospital rooms
  • Operating on the wrong part of a victim’s body
  • Skipping doses of the victim’s medication

Proving Malpractice

There are certain elements that a medical malpractice lawyer must show a jury in order to prove malpractice. These legal elements are:

  • The medical professional had a duty of care to the victim.
  • That duty of care was breached.
  • The breach of duty caused harm to the victim that would not have occurred but for that breach.
  • The victim suffered losses as a direct result of the injury.

While the burden of proof is on the victim to prove that malpractice occurred, they also must prove that they suffered economic and/or noneconomic damages because of the injuries. Some of the damages that a victim can be financially compensated for include:

  • Medical expenses for treatment, both present and future. This also includes any hospitalizations, surgeries, medication, medical devices, rehabilitation, transportation back and forth for treatments
  • Loss of income and benefits if the victim is unable to work while they recover. If the victim’s injuries leave them unable to work, they may also be entitled to compensation for loss of future income
  • Pain and suffering
  • Emotional anguish
  • Permanent disability
  • Any home modifications needed to accommodate any permanent disability (i.e. wheelchair ramp)
  • Loss of life enjoyment
  • Scarring
  • Disfigurement

If you or a loved one has been a victim of medical malpractice, the emotional, physical, and financial impact these injuries can have on your family can be devastating. The injuries suffered in medical malpractice cases can result in long-term health issues or even permanent disability. The medical professional, medical facilities, or any other parties that acted negligently or recklessly that resulted in the malpractice need to be held legally liable and compensate the victim for all of the losses they have suffered.

If the victim dies from medical negligence, then their families may be able to file a medical malpractice wrongful death lawsuit. A medical malpractice attorney can help.  Thanks to each Chicago, IL medical malpractice lawyer from Disparti Law Group for their insight into medical malpractice and the legal options for victims.