Proceeding with Caution: 5 Medical Malpractice Lawsuit Facts to Keep in Mind


Medical malpractice is relatively common, though doctor care and medical procedures produce positive results the majority of the time. When it occurs, it can be catastrophic, as the recipient can have their life permanently altered and struggle to return to some semblance of the normalcy that they once enjoyed. When that is the case, you need to seek out the best representation possible, like the Tittle Law Firm. Here are some medical malpractice facts of which you might have been unaware.

Most Medical Malpractice is Preventable

If your impression is that medical malpractice is unavoidable, then you’ve been misinformed. The overwhelming majority of the time it occurs, human error is responsible. It might be a doctor who made the mistake, a nurse, a hospital orderly, receptionist, or even a home health aide.  

Medical Malpractice Can Take Many Forms  

Several things might conceivably constitute medical malpractice. It might be an omission or a negligent action which causes injury to a patient. It might come in the form of misdiagnosis, an incorrect treatment method, or a mistake in aftercare or management. An attention lapse where the wrong dosage of medication was administered is a likely candidate for a malpractice suit. Likewise, an object left inside a patient during surgery that leads to infection would be malpractice. However, it should be noted that an unfavorable outcome is not malpractice if all due diligence was taken and best practices were followed.

The Standard of Care

In most successful medical malpractice claims, what must be established is that the doctor or health care professional failed to follow best or preferred practices by the medical community in a given situation. If it can be demonstrated that there was a breach of duty and that substandard medical care was given, then the patient who was on the wrong end of it will likely be due a cash settlement. What that settlement will be is largely dependent on how much emotional or physical injury was incurred.

The Injury or Harm Should Be Significant

Because of high litigation costs, it is seldom worth it to pursue a medical malpractice lawsuit unless the plaintiff has been seriously injured either physically or emotionally. Even if you feel that a doctor or other medical professional have wronged you, you must be able to prove that in a demonstrable fashion. If you can’t, it’s probably best to just let it go.

A Statute of Limitations on Filing

If you decide ten years after surgery took place that the doctor was somehow negligent in the procedure, it’s too late to pursue a medical malpractice lawsuit. There is a statute of limitations in regards to filing an injury lawsuit, and it’s usually two years. Legal matters of this nature can also take many months or even years to decide in court. Expert witnesses will likely need to testify on behalf of the plaintiff, and then the defendant will produce witnesses to counter them.

Medical malpractice lawsuits should not be filed frivolously, because of how time-consuming and expensive they can prove to be. However, if you were harmed in a medical procedure due to negligence, you are well within your rights to seek satisfaction for the injury.