Reasons for Medical Malpractice

Medical malpractice claims arise when patients have suffered due to a health care provider's error or omission. For example, if a surgeon leaves gauze or a sponge inside a patient's body, a patient can present a medical malpractice claim based on the surgeon's negligence. Other reasons for malpractice claims might involve a doctor's misdiagnosis or unreasonable delay in diagnosing a condition.

Basics

• Medical malpractice allows patients to hold professionals responsible for their mistakes, such as if a mistake results in a loss of income (e.g., when a patient is unable to work) or serious injury. Every mistake does not necessarily present a viable case because doctors have different standards of care (how a reasonable physician would have handled a patient's care under similar circumstances). For example, a primary care physician often has a diagnostic and treatment process that significantly differs from what an emergency room doctor uses.

Consent

• Most medical providers require patients to sign consent forms, which demonstrate patients' desire to receive medical attention or treatment. Since medical malpractice cases can arise even if patients have consented to medical services, patients should consult with personal injury lawyers in their state (with malpractice experience).

Statute of Limitations

• Each state has its own regulations that describe patient malpractice rights, provider duties, and claim procedures. The medical malpractice statute of limitations refers to the time limit patients have to file lawsuits. For example, if the surgery occurred in 2005 and the statute of limitations for medical malpractice is three years from the date of incident, then a patient is barred from filing a lawsuit in 2009 - regardless of the claim's validity.

Insurance

• Doctors and dentists often carry medical malpractice insurance to protect themselves if they are sued. Hospitals and clinics also purchase malpractice insurance in case the organization are named in any lawsuit. Malpractice insurance usually pays for a physician's defense along with judgments awarded to patients. Malpractice insurance rates vary significantly. For instance, an OB-GYN physician might spend over $100,000 a year to maintain medical malpractice coverage, while a dermatologist will spend about $3,000.

Reform

• Malpractice cases have been impacted in some states by tort reform. Tort reform refers to changing legislation, usually to limit the amount of damages injured parties can seek. For example, since 2003, injured parties in Texas are unable to recover more than $250,000 from doctors in non-economic damages, usually pain and suffering.