More than 190,000 patients die as a result of medical errors each year. Medical malpractice is defined as substandard care administered by a healthcare professional in a medical setting. In legal cases, the judicial system compares the quality of the treatment provided by the practitioner to the standard level of care provided by a similar practitioner in a similar situation.There are a wide range of substandard practices that are subject to malpractice litigation. Physicians, dentists, pharmacists, technicians and other practitioners can make an inaccurate diagnosis, fail to diagnose a medical condition or prescribe the wrong medication. The healthcare provider could inappropriately delay important diagnostic tests or treatments. Surgeons sometimes perform procedures on the wrong organ or leave medical devices or items inside a patient’s body. The surgeon could perform the wrong procedure or operate on the wrong patient. A pharmacist could dispense the wrong medication, dose or formulation. A hospital, clinic or nursing home could be liable for failing to implement procedures to prevent substandard practices.
The patient or their family can file a malpractice lawsuit to seek compensation for the injuries or death. A law firm that specializes in medical malpractice cases will analyze the facts surrounding the case. In addition to the healthcare provider, the defendants in the case could include a medical practice, health insurer, pharmacy and hospital.
The patient’s legal team must demonstrate that the defendants had a professional obligation to provide treatment and that they failed to perform those responsibilities at the level expected within the industry. They must also prove that the patient experienced some type of damage as a result of the negligence that requires financial compensation. Examples of patient damages include injuries, suffering and economic damages, such as medical expenses, lost wages and diminished earning potential.