Everyday, people across the country place their trust in health care professionals. That trust can be broken if the health care professional makes a mistake. Although no one is infallible, medical mistakes are often preventable and rarely minor. Instead, medical mistakes frequently have dire results such as a patient’s disability or even death. Unfortunately, medical mistakes are very common. It is important that the professionals who make these mistakes are held responsible for their actions.
When a health care professional’s mistake causes harm to a patient, they are liable for a certain kind of negligence called “medical malpractice.” To be successful in a medical malpractice lawsuit, there must be a duty owed to someone, a breach of that duty, and resulting harm that is caused by that breach. The duty owed by a medical professional is judged by what a reasonable and prudent medical professional would do in the same or similar circumstances. If the duty is breached and the patient suffers accordingly, the patient can file a lawsuit for medical malpractice.
Depending on the circumstances, an injured patient may bring a medical malpractice case against a health care professional (such as a physician) or against the employer of a health care professional (such as a hospital). Health care providers such as nurses, technicians, and other medical staff are also responsible for medical negligence.
Common medical malpractice cases include:
- Misdiagnosis of a medical condition
- Failure to properly diagnose a medical condition
- Failure to prevent injury at birth
- Faulty or unnecessary surgery
- Prescription errors
- Emergency room errors
- Anesthesia errors
- Failure to monitor a patient
- Failure to order proper tests
Patients who are successful in a medical malpractice lawsuit can recover monetary compensation for certain damages that they suffered. This includes:
- Emotional distress
- Loss of employment
- Loss of past and future earnings
- Pain and suffering
- Past and future medical expenses
A person who is injured as a result of someone else’s actions, negligence, or reckless behavior can recover many types of damages. The goal of awarding damages is to restore the victim as much as possible physically, emotionally, mentally, and financially. Damages may include:
- Reimbursement for losses that cannot be easily measured such as pain and suffering, emotional distress, or mental impairment.
- Lost earning potential for the victim’s ability to earn money in the future.
- Lost wages for income not earned due to the injury.
- Medical expenses for medical bills incurred from the injury.
It is important to keep in mind that medical results cannot be guaranteed, thus unexpected or unsuccessful results do not necessarily mean that negligence occurred. It can be difficult to know whether an injury is a result of medical malpractice or simply an unfortunate outcome that could not have been avoided by proper medical care. The Pennsylvania medical malpractice lawyers of Munley, Munley, & Cartwright, P.C., can help you determine whether medical malpractice has occurred. There are time limits governing how long someone may wait to bring a medical malpractice claim, so time is of the essence. If you believe you have a medical malpractice claim, contact us today to discuss your case. The Family of Lawyers at Munley, Munley, & Cartwright, P.C., are experienced and successful medical malpractice litigators - we fight to protect the rights of patients.
Please contact us at 1-800-318-LAW1 or through our online form for a free assessment of your case.
