Medical malpractice is a complex area of law that requires a nuanced understanding of both medicine and legal principles. Tens of thousands of medical malpractice cases are brought each year across the country, and the stakes can be extremely high — medical malpractice is the third leading cause of death in the U.S.
In this blog post, we will provide a detailed explanation of medical malpractice.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide treatment that meets the accepted standard of care, resulting in harm to the patient. It’s important to note that not all medical errors constitute malpractice. To prove medical malpractice, the following elements must be established.
Duty of Care: The first step in proving medical malpractice is to establish that the healthcare provider owed a duty of care to the patient. This duty is typically established when a doctor-patient relationship is formed, wherein the healthcare provider agrees to provide treatment to the patient.
Breach of Duty: The next element involves demonstrating that the healthcare provider breached the duty of care owed to the patient. This means that the provider failed to act in a manner that a reasonably prudent healthcare provider would under similar circumstances. Essentially, it’s about proving that the provider’s actions (or inactions) fell below the accepted standard of care.
Causation: Causation is a crucial aspect of medical malpractice cases. It requires showing that the healthcare provider’s breach of duty directly caused the patient’s injury or harm. Even if a provider deviated from the standard of care, if that deviation did not cause the patient harm, there may not be a viable malpractice claim.
Damages: Finally, to succeed in a medical malpractice claim, the patient must have suffered damages as a result of the provider’s breach of duty and the resulting injury or harm. Damages can include physical pain, emotional suffering, medical expenses, lost wages, and more.
Types of Medical Malpractice
Medical malpractice can take multiple different forms. Below are some common examples of medical malpractice claims to help you understand the various ways in which patients may be harmed by a healthcare providers’ negligence.
Misdiagnosis or Delayed Diagnosis: Misdiagnosis occurs when a healthcare provider fails to accurately diagnose a patient’s condition, leading to incorrect treatment or lack of treatment. Similarly, delayed diagnosis happens when there is an unreasonable delay in diagnosing a patient’s condition, resulting in harm or progression of the illness. Misdiagnosis and delayed diagnosis can have severe consequences, as they may lead to delayed treatment, unnecessary procedures, or worsening of the patient’s condition.
Surgical Errors: Surgical errors encompass a wide range of mistakes that can occur before, during, or after surgery. These errors may include performing the wrong procedure, operating on the wrong body part, leaving surgical instruments or foreign objects inside the patient’s body, or making errors in anesthesia administration. Surgical errors can result in significant physical harm, permanent injuries — and even death.
Medication Errors: Medication errors occur when a healthcare provider prescribes the wrong medication, administers the wrong dosage, or fails to consider potential drug interactions or allergies. These errors can lead to adverse drug reactions, overdose, or underdose, causing harm to the patient. Medication errors are alarmingly common and can occur in various healthcare settings, including hospitals, clinics, and pharmacies.
Birth Injuries: Birth injuries refer to injuries sustained by infants during the birthing process due to medical negligence. Injuries can result from improper use of medical devices such as forceps or vacuum extractors, failure to monitor fetal distress, or delays in performing a necessary cesarean section. Birth injuries can have lifelong consequences for both the child and the family, including physical disabilities, developmental delays, and emotional trauma.
Anesthesia Errors: Anesthesia errors involve mistakes in administering anesthesia before, during, or after a medical procedure. Errors can include administering too much or too little anesthesia, failing to monitor the patient’s vital signs adequately, or using defective equipment. Anesthesia errors can lead to anesthesia awareness, brain damage, respiratory complications, or even death.
Failure to Obtain Informed Consent: Informed consent is a fundamental principle of medical ethics, requiring healthcare providers to fully inform patients of the risks, benefits, and alternatives of a proposed treatment or procedure before obtaining their consent. Failure to obtain informed consent occurs when a healthcare provider fails to adequately inform the patient or obtain their consent before proceeding with treatment. Patients have the right to make informed decisions about their healthcare, and failure to obtain informed consent can constitute medical malpractice.
What Types of Damages Can Victims of Medical Malpractice Receive?
One of the most crucial aspects of medical malpractice cases is understanding the types of damages that can be awarded to victims. Damages in medical malpractice cases aim to compensate patients for the harm they have suffered due to healthcare provider negligence. Below are the four different types of damages victims may receive: economic, non-economic, punitive, and wrongful death.
Economic Damages
Economic damages are intended to compensate victims for quantifiable financial losses resulting from medical malpractice. These may include:
Medical Expenses: Victims of medical malpractice often incur substantial medical expenses, including hospital bills, surgery costs, medication expenses, rehabilitation fees, and expenses related to ongoing medical treatment.
Lost Wages: If medical malpractice results in injuries that prevent the victim from working, they may be entitled to compensation for lost wages, including both past and future income lost due to the injury.
Loss of Earning Capacity: If the victim’s ability to earn a living is permanently diminished due to the malpractice, they may be awarded damages to compensate for the loss of earning capacity.
Property Damage: In some cases, medical malpractice may result in damage to the victim’s property, such as medical equipment or prosthetics, for which they may be entitled to compensation.
Non-Economic Damages
Non-economic damage compensates victims for intangible losses that are more challenging to quantify. These may include:
Pain and Suffering: Victims of medical malpractice often endure physical pain, emotional distress, and mental anguish as a result of their injuries. Non-economic damages seek to compensate for these subjective experiences.
Loss of Enjoyment of Life: If medical malpractice significantly impairs the victim’s ability to engage in activities they once enjoyed, they may be awarded damages for the loss of enjoyment of life.
Loss of Consortium: In cases where medical malpractice results in the loss of spousal companionship, support, or services, the spouse of the victim may be entitled to damages for loss of consortium.
Punitive Damages
In rare cases involving extreme recklessness or intentional misconduct on the part of the healthcare provider, punitive damages may be awarded. Unlike economic and non-economic damages, which aim to compensate the victim, punitive damages are intended to punish the defendant and deter similar misconduct in the future.
Wrongful Death Damages
In cases where medical malpractice results in the death of the patient, surviving family members may be entitled to damages through a wrongful death claim. These damages may include compensation for funeral expenses, loss of financial support, loss of companionship, and emotional distress.
Your Advocates Await
At Brad Morris Law Firm, PLLC, we understand the complexities of medical malpractice cases in Mississippi and are dedicated to helping victims seek the justice they deserve. Our experienced team has a deep understanding of the legal and medical intricacies involved in these cases. We provide comprehensive legal representation, starting with a thorough investigation of your claim to gather all necessary evidence, including medical records, expert testimonies, and other relevant documentation.
We are committed to holding negligent medical professionals accountable for their actions and will work tirelessly to ensure that you receive fair compensation for your injuries and losses. Our legal team has the experience to navigate the challenging legal landscape of medical malpractice, including meeting strict filing deadlines and adhering to Mississippi’s specific legal standards and requirements.
Our services include:
Free initial consultation to discuss the specifics of your case and determine the best course of action.
Detailed case evaluation to identify all parties responsible for your injuries.
Aggressive negotiation with insurance companies and defense attorneys to secure a fair settlement.
Comprehensive trial preparation and representation if a satisfactory settlement cannot be reached.
At Brad Morris Law Firm, PLLC, we are committed to providing personalized attention to each of our clients. We understand the physical, emotional, and financial toll that medical malpractice can take on individuals and their families, and we strive to alleviate that burden through dedicated legal advocacy.
Medical malpractice is a challenging area of law that demands a thorough understanding of both medicine and legal principles. Successfully pursuing a medical malpractice claim requires establishing the elements of duty of care, breach of duty, causation, and damages. If you believe you or a loved one has been the victim of medical malpractice in Mississippi, don’t navigate the complexities of the legal process alone. Contact Brad Morris Law Firm, PLLC, today for a consultation. Let us be your advocate in pursuing fair compensation and justice for the damages and injuries you have endured. Your path to fair compensation starts here.
