Medical Malpractice Injury: Liability & Lawsuits (2025)

Key Elements of Medical Malpractice Cases

Medical malpractice extends beyond doctors, encompassing a broad spectrum of healthcare providers, including nurses, assistants, dentists and even hospitals. To establish a provider is liable for negligence, a plaintiff must prove:

• The existence of a doctor-patient relationship, establishing a duty of care.
• A deviation from the standard of care, constituting a breach of duty.
• The occurrence of patient injury.
• A direct causal link between the breach of duty and the injury.

Expert testimony from other medical professionals often plays a pivotal role in these cases, providing objective assessments of whether the standard of care was met.

Common Types of Medical Malpractice Cases

There are numerous types of malpractice. One of the most common is medication errors, which involve providers prescribing the wrong drug or dosage. The prescribing doctors, nurses administering the medications or pharmacists filling the prescriptions can be liable for these errors. Such errors can cause severe medical issues, including allergic reactions.

Birth injuries are another type of medical malpractice. Failing to monitor the baby’s vital signs during delivery or not addressing maternal illnesses can lead to significant harm, as can delaying labor or using too much force. A birth injury lawyer can help parents navigate these complex cases.

You can also suffer injuries when getting surgery. Surgical errors include operating on the wrong patient or performing the wrong procedure, as well as failing to monitor vital signs. Anesthesia errors can cause catastrophic injuries and could result in wrongful death as well.

Additionally, a misdiagnosis or delayed diagnosis is a common type of medical malpractice across the country. An estimated 795,000 Americans die or are permanently disabled because of diagnostic errors annually. Not getting an accurate diagnosis can delay your treatment, allowing the condition to progress. You may also suffer harm from the wrong treatments.

Even if the right diagnosis is made, though, a provider can still fail to offer timely and appropriate care. For instance, they might not order further tests or follow up with the patient, which could worsen the patient’s condition.

Emergency room errors can also occur. If you go into the ER and suffer further injuries because the medical team didn’t recognize your symptoms or assist you quickly enough, you may be able to sue. In the chaos of the ER, it’s also possible to receive the wrong treatments or for all manner of miscommunication to occur.

Potential Outcomes of a Medical Malpractice Claim

Successful medical malpractice claims may result in the awarding of both economic and non-economic damages to the injured or abandoned patient. Economic damages, covering measurable losses like medical expenses and lost wages, and non-economic damages, addressing more abstract harms such as pain and suffering or loss of a limb, are common. In cases of particularly egregious negligence, punitive damages may also be awarded.

Steps to Take if You Suspect Medical Malpractice

Victims of medical malpractice should first address their immediate health concerns, potentially seeking a second opinion or corrective treatment. It's also worth considering filing a complaint with your state medical board, as this triggers an investigation and could document misconduct, providing additional support for your claim. It's crucial to be mindful of legal time limits, as medical malpractice claims are subject to statutes of limitations. Gathering and securing relevant medical records is also a vital step in preparing for legal action. For instance, if a loved one in a nursing home suffers neglect leading to physical or mental health decline, consulting a nursing home abuse lawyer can help you explore your legal options and seek justice.

Legal Help with Medical Malpractice Claims

Navigating the complexities of medical malpractice claims can be daunting, especially given the intricate legal principles involved. Consulting with an experienced medical malpractice attorney, many of whom offer free initial consultations, can provide invaluable guidance.

Understanding the legal landscape of medical malpractice is essential for anyone who believes they have been the victim of medical negligence. From grasping the basic principles and potential damages to taking legal action, ConsumerShield’s attorneys can help you every step of the way.