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Medical Malpractice Law   

Thousands of people suffer as a result of medical malpractice. every year.  A study conducted by the Harvard School of Public Health in 1999 estimated that more than 3% of patients in many hospitals were victims of a medical mistake which resulted in serious injury. Nationally, the Harvard Medical Practice Study estimated that, each year, more than 180,000 people die, at least in part, because of medical mistakes. Public Citizen, non-profit organization which advocates the rights of consumers, estimates that, each year, 1.3 million injuries are caused by negligence, and that more than two-thirds of these injuries are preventable.

Suits Against Health Care Professionals and Hospitals

Health care professionals and hospitals are responsible for compensating a patient injured as a result of medical malpractice.

Medical malpractice suits arise under the following circumstances:
[1] Against a government agency that operates hospitals or provides specified medical care.

[2] Against a hospital for administering improper or overdoses of medication, negligent nursing care, inadequate sanitation, infection, or equipment failure.

[3] Against a physician, who in the general practice of medicine, deviate from the general accepted standards of practice in the community.

[4] Against a medical specialist who deviates from a nationally accepted standard of practice for specialists in that field of medicine.

Suits Against Physicians

In suits against the physicians, medical malpractice most commonly occurs under the following circumstances:

[1] The physician delayed diagnosis of a medical condition, or failed to diagnosis the patient’s medical condition altogether;

[2] The physician properly made the correct diagnosis, and then failed to properly treat the medical condition properly;

[3] The physician failed to perform a surgical procedure properly; or

[4] The physician fails to obtain the informed consent of the patient before performing a procedure or operation.