Medical malpractice refers to situations where a healthcare professional, such as a doctor or nurse, provides substandard treatment or fails to provide appropriate treatment, resulting in harm or injury to a patient. It can occur due to negligence, errors in diagnosis, treatment, aftercare, or health management. Patients need to be aware of the basics of medical malpractice to protect their rights and seek appropriate legal recourse if necessary.

Examples of medical malpractice include misdiagnosis or delayed diagnosis, surgical errors, medication errors, anesthesia errors, childbirth injuries, failure to obtain informed consent, improper treatment, and failure to provide appropriate follow-up care.

To prove medical malpractice, patients need to establish four main elements: duty of care, breach of duty, causation, and damages. This involves showing that the healthcare professional had a duty to provide a certain standard of care, that they failed to meet that standard, that the failure caused harm or injury, and that the harm resulted in damages such as medical expenses, lost wages, or pain and suffering.

If patients suspect medical malpractice, they should gather all relevant medical records, document any injuries or symptoms, and consult with an experienced medical malpractice attorney. An attorney can evaluate the case, help gather evidence, and guide patients through the legal process to seek compensation for their injuries.

The statute of limitations for medical malpractice cases varies by state. It is important for patients to be aware of the time limits for filing a lawsuit, as failing to file within the specified timeframe can result in the case being dismissed. It is recommended to consult with an attorney to determine the specific statute of limitations in your state.

Damages that can be claimed in a medical malpractice lawsuit include medical expenses, lost wages, pain and suffering, disability or disfigurement, loss of earning capacity, and other related expenses. The exact damages will depend on the specific circumstances of the case and the extent of the injuries.