How to File a Malpractice Claim

Malpractice lawsuits arise when a professional individual, hospital or organization makes a serious error in providing service and as a result, a client or patient suffers physical or financial harm. Most malpractice claims or lawsuits are against licensed professionals like health care providers or attorneys and the companies or organizations they work for. To make a malpractice claim, you must generally show that the action causing the error falls below a certain level of care and that you suffered an injury because of that failure.

Elements of a Malpractice Claim

A malpractice claim generally starts with some type of serious misconduct or failure on the part of a professional, and when that professional’s misconduct results in substandard levels of care, skill or diligence in the performance of duties. To decide if a professional used an adequate level of care, courts will usually compare their professional decisions and actions to those of other members of the same profession with comparable reputation. This comparison must be apples-to-apples and oranges-to-oranges. This means that you cannot call an attorney to testify against a doctor regarding the type of care he should have provided because they are two entirely different professions.

The courts will also compare similar professionals in the same geographic area or community, because the resources available may not be the same for all professions in all areas of the country. For example, a doctor in a large city with multiple hospitals that have state of the art equipment will be held to different standards than a doctor practicing in a rural area with limited medical resources.

Showing that an error occured due to substandard practices is just the first part of a malpractice claim. The next step is to show that you sustained some type of injury. The injury can be physical or monetary. In order for malpractice to be actionable, the injury, loss, or damage must be suffered by a person who retained the services of a professional, or by a person otherwise entitled to benefit from or rely upon a professional’s services. This generally means that you cannot file a malpractice claim for someone else. The exception to this rule is if you are the guardian or custodian of the person that was harmed. Similarly, if a professional’s or hospital’s conduct did not impact you, but impacted a third party, you cannot file a malpractice claim because you were not the one that suffered the injury—despite the fact that you feel the third party was wronged.

Getting Legal Help with a Malpractice Claim

If you have sustained a loss or injury due to the negligence of a professional or hospital, you should seek the advice of a malpractice attorney who specializes in malpractice law. Because malpractice standards are influenced by geographic location, you should seek an attorney that has practiced or handled cases in the area where the malpractice occurred. Malpractice lawsuits are subject to various statutes of limitations, which means that if you do not file your complaint within a certain time period, you could be barred from asking for relief later. A prompt consultation with a malpractice attorney can help ensure that your right to file a malpractice claim is preserved.

Case Studies: Malpractice Claims

Case Study 1: Surgical Error Leads to Permanent Injury

A patient underwent a routine surgical procedure to remove a benign tumor. However, due to the surgeon’s negligence, a vital organ was punctured, resulting in severe internal bleeding.

The patient required emergency surgery to address the error and suffered permanent organ damage. The patient filed a malpractice claim against the surgeon and the hospital, seeking compensation for medical expenses, pain and suffering, and lost wages.

Case Study 2: Misdiagnosis of Cancer

A patient visited a primary care physician with persistent symptoms that were indicative of a possible cancerous condition. However, the physician failed to recognize the signs and symptoms and did not order further diagnostic tests.

The patient’s condition worsened over time, and when the cancer was finally diagnosed at a later stage, the prognosis was significantly worse.

The patient pursued a malpractice claim against the physician, alleging that the delayed diagnosis resulted in a diminished chance of successful treatment and increased harm.

Case Study 3: Medication Error in a Nursing Home

An elderly resident of a nursing home who was prescribed a specific medication. However, due to a medication error, the resident received the wrong medication, leading to an adverse reaction and hospitalization.

The resident’s family filed a malpractice claim against the nursing home, asserting that the medication error was a result of negligence in the administration and documentation process.

They sought compensation for medical expenses, pain and suffering, and emotional distress.

Case Study 4: Birth Injury Caused by Negligent Obstetrician

A pregnant woman received prenatal care from an obstetrician who failed to identify and address potential complications. During delivery, the obstetrician made errors that resulted in a birth injury to the newborn, causing long-term disabilities.

The parents filed a malpractice claim against the obstetrician and the hospital, alleging negligence in providing appropriate prenatal care and during the delivery process. They sought compensation for the child’s medical expenses, ongoing care, and future loss of earnings.