medical malpractice essay

Type 2 Diabetes
Heart Disease
Digestive Health
Multiple Sclerosis
Diet & Nutrition
Health Insurance
Public Health
Patient Rights
Caregivers & Loved Ones
End of Life Concerns
Health News
Thyroid Test Analyzer
Doctor Discussion Guides
Hemoglobin A1c Test Analyzer
Lipid Test Analyzer
Complete Blood Count (CBC) Analyzer
What to Buy
Editorial Process
Meet Our Medical Expert Board

Defining Medical Malpractice: How to Take Legal Action

Responsible Parties
Qualifications
Initiating a Case
Compensation

The American Bar Association says, “Medical malpractice is negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.” For example, if a physician gives a person a treatment that could harm them, that could be considered medical malpractice. It is a form of professional negligence that can be tried in a court of law.

This article discusses examples of medical malpractice, who’s responsible, and how to initiate a medical malpractice case if it happens to you.

FG Trade / Getty Images

Examples of Medical Malpractice

Several different scenarios can be considered examples of medical malpractice. They include:

Misdiagnosing or failing to diagnose something with a specific ailment
Ignoring and misreading lab results that could negatively affect someone’s health
Performing surgery unnecessarily
Surgical errors or wrong-site surgeries
Prescribing the wrong medication or dose
Failing to perform proper aftercare or follow-up with patients
Discharging a patient before they should go home
Failing to take an appropriate patient history or disregarding a patient’s health history
Failing to order the appropriate tests needed to diagnose a patient accurately
Failing to recognize symptoms as they present themselves

When a healthcare provider does any of these things, and it leads to injury, or worse, for a patient, it is considered medical malpractice.

Legal Jargon and Meanings

Terms used in medical malpractice claims can include:

Negligence: The failure to behave with the same level of care that a reasonable person would give in the same circumstances.
Statute of limitations: This is the length of time that can pass before a person can no longer file a claim. For medical malpractice, it is typically two to three years in the United States.
Tried in court: A situation in which a medical provider will be charged and proven innocent or guilty by a jury.
Plaintiffs: Patients filing a medical malpractice case.
Defendants: The medical provider(s) involved in the malpractice case.
Discovery: A phase before the trial where each party learns more about the case and is given information from opposite sides.

Responsible Parties in Medical Lawsuits

Providers, such as medical personnel and facilities, claimed to be responsible for medical malpractice are considered the defendants. For example, a doctor and a nurse considered responsible for negligence toward a patient can both be charged with medical malpractice. The primary provider is typically sued for negligence, not the entire medical team . In the case of patient vs. provider, the patient would be the plaintiff, and the provider would be the defendant.

In a medical malpractice suit, the plaintiff is the party who claims they experienced injury due to negligence or are the family members of the patient who died.

How to Find Out if a Provider Has Malpractice Complaints

Patients looking for new healthcare providers can check their malpractice status by going to the DocInfo site and the Federation of State Medical Boards . There, you can search for any malpractice suits or complaints that may be lodged against a specific provider. You may also be able to do a quick online search by typing the healthcare provider’s full name and “medical malpractice suit” into the search bar. You can also check the state licensing board. However, since medical malpractice suits aren’t typically shared across different states, it’s essential to check through licensing boards across all states to find out.

Medical Malpractice Qualifications

The laws are clearly defined, and certain criteria must be met for a medical act to qualify as malpractice, including:

Legal duty to treat the patient: A healthcare provider has a legal and just duty to provide care for the patient and their current health problems.
Violation of standard of care: A healthcare provider did not offer the appropriate medical care as per the standard.
Injury or death caused by negligence: A person was injured or lost their life due to the healthcare provider’s negligent actions.
Significant damages occurred because of the injury: There is enough damage to justify a case, and the financial recovery from the suit will be greater than the cost of pursuing the lawsuit.

If a patient can prove these four characteristics accurately describe their situation and are within the statute of limitations, they can file a malpractice claim.

What Part of Medical Malpractice Is the Most Difficult to Prove?

Proving that a healthcare provider acted intentionally when breaching the standard of care is the hardest to prove because accidents and poor outcomes can happen in the medical field. That does not mean that they are automatically medical malpractice.

How to Initiate a Medical Malpractice Case

When a patient wants to initiate a medical malpractice suit, they must take important steps in the proper order. That way, they can help build a strong case for themselves.

Since healthcare providers will be doing everything to defend themselves against medical malpractice, it is essential to get everything in order before launching a case.

The steps to follow are:

Finding a lawyer: You will want to hire a lawyer with experience in medical malpractice.
Gathering evidence: Together with your lawyer, you will need to gather as much hard evidence as possible to prove that the healthcare provider acted with negligence and it led to significant injury or death. This could include gathering health records , imaging and other test results, and any other documentation pertaining to your experience.
Reviewing documents with an expert: After you have all the documents you need, an expert will likely need to review them to ensure you have all the information you need to file a suit against a healthcare provider.

After that, discovery occurs, in which both parties share information about the witnesses and evidence.

Gathering Information

To make the best case possible, you will want to gather as much information and records as possible. They may include:

Medical records, including office visits, test results, surgery and hospital discharge reports and summaries, etc.
Financial records of everything you spent and will have to pay because of the injury caused
Witnesses that can attest to your experience

Medical Malpractice Compensation

The compensation provided following a medical malpractice case will vary significantly depending on the patient’s experience and health outcome following the negligent event.

They will also vary depending on the state where a person files the case. According to research published in the journal JAMA Internal Medicine , the average payout patients in the United States receive is roughly $329,565.

There are several determining factors associated with the different payouts, including:

The severity of the injury
The type of negligence
The impact the injury has had on the patient physically, psychologically, and financially
How much medical care a person will need going forward
The amount of evidence presented during the case
How strong the evidence is in proving the medical malpractice occurred
Any testimony provided by medical experts in the field
Laws and regulations surrounding medical malpractice in your area
The impact of the injury on the patient’s loved ones
Whether or not the patient has/had insurance coverage

Medical malpractice is a form of professional negligence that can lead to patient injury or death. Because this type of negligence can lead to severe outcomes, it is considered a serious offense in the eyes of the law in the United States.

People who believe they experienced negligence (or their families in the case of wrongful death) can file a medical malpractice claim against the healthcare providers and facilities they find at fault as a way to cover damages and cover future costs of care due. Still, it can be challenging to prove in a court of law in some cases.

Because of that, gathering the correct information and finding the right legal team are the best ways to build a strong case against a healthcare provider who acted in a negligent manner during your care.

American Bar Association. Medical malpractice .

New York City Bar. Medical malpractice .

Attaluri PK, Wirth PJ, Moura SP, Shaffrey EC, Rao VK. The anatomy of a malpractice lawsuit . Aesthet Surg J Open Forum. 2023;5. doi:10.1093/asjof/ojad008

American Board of Professional Liability Attorneys. What is medical malpractice?

Forbes. Medical malpractice statute of limitations by state .

Robinson C, Kettering C, Sanfilippo JS. Medical malpractice lawsuits . Clin Obstet Gynecol. 2023;66(2):256-260. doi:10.1097/GRF.0000000000000777

Schaffer AC, Jena AB, Seabury SA, Singh H, Chalasani V, Kachalia A. Rates and characteristics of paid malpractice claims among US physicians by specialty, 1992-2014 . JAMA Intern Med. 2017;177(5):710-718. doi:10.1001/jamainternmed.2017.0311

Hampton and King Attorneys at Law. Medical malpractice payouts by state .

By Angelica Bottaro Bottaro has a Bachelor of Science in Psychology and an Advanced Diploma in Journalism. She is based in Canada.

Home — Essay Samples — Nursing & Health — Patient — Medical Malpractice: Accountability, Patient Safety, and Legal Implications

Medical Malpractice: Accountability, Patient Safety, and Legal Implications

Categories: Medical Ethics Patient

About this sample

Words: 628 |

Published: Sep 5, 2023

Words: 628 | Page: 1 | 4 min read

Defining medical malpractice, causes and factors, impact on patients and healthcare, legal measures and accountability, preventing medical malpractice.

Cite this Essay

To export a reference to this article please select a referencing style below:

Let us write you an essay from scratch

450+ experts on 30 subjects ready to help
Custom essay delivered in as few as 3 hours

Get high-quality help

Dr. Heisenberg

Verified writer

Expert in: Nursing & Health

+ 120 experts online

By clicking “Check Writers’ Offers”, you agree to our terms of service and privacy policy . We’ll occasionally send you promo and account related email

No need to pay just yet!

Related Essays

1 pages / 441 words

2 pages / 1059 words

4 pages / 1982 words

2 pages / 1049 words

Remember! This is just a sample.

You can get your custom paper by one of our expert writers.

121 writers online

Still can’t find what you need?

Browse our vast selection of original essay samples, each expertly formatted and styled

Related Essays on Patient

Central Question: Would someone who holds the views of a Schopenhauer or the Buddha make a better or worse nurse than someone who believes otherwise?Coble, K. (2016). Rethinking Philosophy in Light of the Bible: From Kant to [...]

The doctor-patient relationship forms the cornerstone of healthcare, serving as a fundamental component of effective medical care and patient outcomes. This intricate and multifaceted interaction between healthcare providers and [...]

Effective communication lies at the heart of any successful healthcare practice, and the dental office is no exception. The dental office is a unique setting where skilled clinical care meets patient interaction. This essay [...]

Alzheimer's disease is a devastating condition that not only affects the individuals diagnosed but also has a profound impact on their caregivers. This qualitative essay delves into the rich and complex lived experiences of [...]

A nursing or clinical procedure is defined as a route of action that is thought out in advance in order to attain a solution in providing healthcare. Nursing procedures are clinical measures that are consistent and are used by [...]

Throughout history, Anesthesia was invented to prevent surgery patients from feeling pain. Patients that are given anesthetics may feel sleepy which in return, makes them more easy to operate during surgery. Based on the [...]

Get Your Personalized Essay in 3 Hours or Less!

We use cookies to personalyze your web-site experience. By continuing we’ll assume you board with our cookie policy .

Instructions Followed To The Letter
Deadlines Met At Every Stage
Unique And Plagiarism Free

Speak to Lawyer 24hrs a Day

1.888.625.6265

What is medical malpractice.

Malman Law Injury Blog

Friday, November 24, 2023

Written by Malman Law , reviewed by Steve J. Malman .

Patients rely on medical professionals to ensure their physical well-being. However, there have been several instances where a physician or other medical professional acted negligently, resulting in injuries. According to research , medical errors account for around 251,000 deaths annually in the United States.

The victims of medical malpractice are entitled to legal rights in pursuing injury claims. One must, however, understand what medical means so that they can successfully bring a claim against the liable party. Medical malpractice involves situations where a healthcare professional deviates from the standard of care and results in harm to the patient.

At Malman Law , we provide compassionate representation for victims of negligence to ensure they receive their rightful compensation. When it comes to medical malpractices, we have a track record of impressive rights, winning significant amounts in settlements. If you suffer a medical malpractice injury, we can assess your case and develop a strategy to help you fight for your rights.

Read to find out more about medical practice and how our lawyers can guide you through.

Types of Medical Malpractice

Medical malpractice is a reality that has continued to breach trust in the patient’s pace of the healthcare system. Within this intricate landscape, various types of medical malpractice can occur. These may include the following:

Misdiagnosis or Delayed Diagnosis

One of the most common forms of medical malpractice is misdiagnosis or delayed diagnosis. Misdiagnosis is a leading cause of not only malpractice claims but, unfortunately, death and disability.

In these cases, a healthcare professional fails to accurately identify a patient’s medical condition or arrives at a diagnosis later than warranted. The ramifications of such errors can be severe, as delayed or incorrect treatment may exacerbate the patient’s condition, leading to prolonged suffering or irreversible harm.

Surgical Errors

Surgery, often viewed as a precise and meticulous medical procedure, is not immune to errors. Surgical malpractice can manifest in various ways, mostly arising from negligence.

Common surgical errors include:

Wrong-site surgery
Incorrect procedure
Surgical instrument errors
Nerve damage
Infection control failures
Failure to control bleeding
Postoperative care negligence
Lack of informed consent

These errors can result in severe injuries, infections, or the need for additional corrective surgeries. These issues may add an extra layer of trauma to the patient’s experience.

Medication Errors

The administration of medications demands precision, yet medication errors remain a prevalent form of medical malpractice. This category includes errors such as:

Incorrect dosage
Wrong medication
Incorrect frequency
Wrong patient
Timing errors
Inadequate follow-up
Omission errors
Incomplete records
Lack of communication
Inadequate patient education
Faulty equipment
Technological glitches
Patient misunderstanding
Overlooking potential drug interactions

Medication errors can lead to adverse reactions, allergic responses, or worsened health conditions.

Birth Injuries

Childbirth should be a joyous occasion, but unfortunately, birth injuries due to medical malpractice can mar this experience. These injuries may result from:

Improper use of assisted delivery tools
Delayed or incorrect response to fetal distress
Inadequate monitoring
Medication errors
Mismanagement of high-risk pregnancies
Failure to perform a timely cesarean section
Incorrect handling of shoulder dystocia
Negligent handling of breech births
Poor communication among healthcare providers

Birth injuries can have lifelong consequences for both the child and the parents, which may necessitate long-term care and emotional support.

Anesthesia Errors

Anesthesia is a delicate aspect of medical procedures, and errors in its administration can have severe consequences. Anesthesia errors may involve administering the following:

Administering too much or too little anesthesia
Failure to consider the patient’s medical history before administering anesthesia
Neglecting to monitor vital signs during anesthesia administration
Anesthesia awareness (patient regains consciousness during a procedure)
Delayed recognition or response to complications during anesthesia
Incorrect administration route of anesthesia
Inadequate communication between anesthesia providers and other medical staff
Failure to adjust anesthesia dosage based on changes in the patient’s condition during surgery
Inaccurate documentation of anesthesia-related information
Use of faulty or malfunctioning anesthesia equipment
Failure to properly educate patients about the risks and side effects of anesthesia
Lack of preoperative assessment to identify potential anesthesia-related risks
Allergic reactions to anesthesia drugs
Inadequate postoperative monitoring of patients recovering from anesthesia

How To Prove Liability in a Medical Malpractice Case

Proving liability in a medical malpractice case is not an easy process. However, the burden of proof lies with the plaintiff, who must demonstrate that a healthcare provider’s actions deviated from the standard of care, resulting in harm.

Here are the key elements involved in proving liability in a medical malpractice case:

Establishing the Standard of Care

The foundation of any medical malpractice case is the establishment of the standard of care. This refers to the level of care, skill, and diligence that a competent healthcare professional in the same field would provide under similar circumstances. Expert testimony from qualified medical professionals is often essential to define and articulate this standard. It offers a benchmark against which the defendant’s actions will be assessed.

Demonstrating Deviation from the Standard

Once the standard of care is established, the plaintiff must demonstrate that the healthcare provider in question deviated from this standard. This involves showcasing that the actions or decisions made were not in line with what a reasonably skilled and careful professional would do. Expert witnesses may come in here to provide opinions on whether the defendant’s conduct fell below the accepted standard.

Establishing Causation

Proving a breach of the standard of care is not sufficient; there must be a clear link between the healthcare provider’s actions and the harm suffered by the patient. Causation involves establishing that the deviation from the standard directly resulted in the injuries or adverse outcomes experienced by the plaintiff. Medical experts are often called upon to offer opinions on the causal connection between the alleged malpractice and the harm suffered.

Documenting Damages

In a medical malpractice case, damages refer to the harm or losses experienced by the patient as a result of the healthcare provider’s negligence. You must demonstrate the error caused significant damage, such as:

Medical bills
Rehabilitation costs
Pain and suffering
Wrongful death

Your attorney will help to document a detailed presentation of the extent of the harm to help strengthen your medical malpractice claim.

Who is at Fault for the Medical Malpractice?

Determining who is at fault for medical malpractice involves a careful examination of the circumstances surrounding the alleged negligence. This is because responsibility may extend to various parties within the healthcare system. The potential culprits in medical malpractice cases may include:

Individual Healthcare Professionals

The primary focus often centers on the actions of individual healthcare providers, including doctors, nurses, surgeons, anesthesiologists, and other practitioners directly involved in patient care. If a healthcare professional deviates from the accepted standard of care, they may be held individually liable for the resulting harm.

Medical Institutions

Hospitals, clinics, and healthcare facilities can also be held accountable for medical malpractice. This is especially true if the negligence is attributed to systemic issues, such as inadequate staffing levels, lack of proper protocols, or faulty equipment.

Additionally, institutions in Chicago may be responsible for the actions of their employees under the legal doctrine of vicarious liability. Vicarious liability is rooted in the notion of an employer’s responsibility for the actions of their employees. In the medical field, this typically involves healthcare professionals such as doctors, nurses, and other staff employed by hospitals or clinics. If their actions lead to medical malpractice, the institution may bear the responsibility.

Pharmaceutical Companies

In cases where medication errors or defective drugs contribute to harm, pharmaceutical companies may face liability. This could involve issues related to the manufacturing, labeling, or distribution of medications that lead to adverse effects or complications.

Medical Device Manufacturers

When medical malpractice involves the use of defective medical devices, manufacturers of these devices may be implicated. Issues related to design flaws, manufacturing defects, or inadequate warnings can lead to manufacturer liability.

Do Victims of Medical Malpractice Have Rights?

Victims of medical malpractice have well-defined rights that serve to protect their interests and seek recourse for the harm they have suffered. These rights are grounded in legal principles that acknowledge the vulnerability of patients and aim to ensure accountability within the healthcare system.

One of the fundamental rights of victims of medical malpractice is the right to seek compensation for the damages they have incurred. This compensation may cover medical expenses, lost wages, rehabilitation costs, and even non-economic damages such as pain and suffering.

Also, patients have the right to be fully informed about the risks, benefits, and alternatives of any medical procedure or treatment. If a healthcare provider fails to obtain proper informed consent, the patient may have grounds for a legal claim.

Importantly, victims of medical malpractice have the right to file a lawsuit seeking legal remedies for the harm they’ve endured. This includes the right to engage legal representation to navigate the claim processes.

Usually, the claim process may involve evidence of the medical records. Patients have the right to access their medical records. This access is crucial for understanding the details of their treatment, identifying potential malpractice, and providing evidence in legal proceedings. Additionally, they can obtain testimony from qualified medical professionals who can attest to the deviation from the standard of care.

Medical Malpractice Lawsuits Are Tough To Win

Proving liability in cases of medical malpractice is an uphill task. However, that is not to say victims cannot get justice when negligence in medical practice causes them harm. Overcoming these challenges requires a meticulous approach, but engaging legal professionals can help establish liability. They can present a compelling case when seeking accountability for medical malpractice.

Here is why proving liability against medical professionals can be challenging:

Specialized Knowledge and Experience

Medical professionals, including doctors, surgeons, and specialists, are endowed with specialized knowledge that is often beyond the understanding of the average person. Therefore, proving negligence on their part requires not only a deep comprehension of medical procedures but also the ability to communicate these complexities effectively to a non-medical audience.

Diversity of Medical Practices

Medicine encompasses a vast array of specialties and practices with a unique set of standards and protocols. What may be considered appropriate in one medical context might differ significantly in another. It may be challenging to use a universal standard of care due to the diversity within the medical profession.

Constant Evolution of Medical Knowledge

The field of medicine continues to make continuous advancements in technology, treatments, and understanding of diseases. Proving liability requires staying abreast of these developments to accurately assess whether a healthcare professional adhered to the prevailing standard of care at the time of the alleged malpractice.

Defensive Medicine Practices

Healthcare providers often adopt defensive medicine practices, ordering additional tests or procedures to mitigate potential legal risks. This can create a challenging landscape for proving negligence. Particularly, the sheer volume of interventions may cloud the distinction between appropriate medical caution and actual malpractice.

Subjectivity in Medical Decisions

Medical decisions often consider individual patient circumstances, preferences, and potential unknowns. Distinguishing between a reasonable medical judgment and negligence becomes a nuanced task that may further complicate the effort to prove liability.

Legal Protections

Medical professionals are often protected by legal mechanisms such as the “error in judgment” defense. This defense acknowledges that medicine is an imperfect science, and not every negative outcome is indicative of negligence.

Other legal protections include good samaritan law and the substantial minority. Such protections may be applied to defend medical malpractice in a court of law.

Let a Chicago Medical Malpractice Attorney Handle Your Case

Medical malpractices can be life-threatening in the manner in which they cause harm and suffering to the victims. Additionally, the burden of proof in holding the liable particles accountable is more challenging. However, victims are entitled to compensation from the parties deemed liable.

At Malman Law, we understand this unique set of challenges. We usually devise a unique set of legal strategies aimed at ensuring the victim’s rights are duly protected under the law. Therefore, if you or a loved one suffers due to medical errors, don’t hesitate to reach out for legal assistance. Call us today to speak to a lawyer.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years Justia Profile: Steve Malman Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

Personal Injury
Brain injuries
Construction accidents
Dog Bites and Attacks
Personal Injuries
Police Brutality
Product Liability
Slip and Fall
Uncategorized

Wrongful Death

Workers Compensation
Nursing Home Abuse

Medical Malpractice

Medical Claim
Vehicle Accidents
Car Accident
Distracted Driving
Motorcycle Accidents
Train accidents
Truck Accidents
Uber accidents
Vehicle Accident
Zantac recall

What’s your case worth? Submit for a free case review

Full Name * First
Are you a new client? *

They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.

Britany Weaver

I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone th...

Cheryl Wagemann

I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed th...

I was rear-ended by a semi-truck on my way to work. i was transported to the hospital and my car was totaled. in the aftermath, dan petrich and anna schmidt from malman l..., i was rear-ended by a semi-truck on my way to work. i was transported to the hospital and my car was totaled. in the aftermath, dan petrich and anna schmidt from malman&#....

DEVIN JONES

I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explain...

Devin Jones

Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great ...

Alexis was the attorney on my case she kept me in the loop about everything with my case. if i had any concerns i was able to contact her and she’ll answer my ques....

Eugenia Cathery

They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars...

Omolewa Snyder

I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask ...

Trevor Harris

Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated &am...

Ernest Pitts

Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in nee...

Ariel Fleming

I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 10...

Carmen Rivera

Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation pr...

Greg Gustafson

Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman ...

Malak St.Clair

Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daught...

I cannot give enough praise to the team at malman law, for helping with my case. my children were involved in an auto collision and the attorney adam along with his paral....

Adrian Lopez

A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of every...

Vanessa Leon

Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlemen...

Nyah Vuljanic

This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone ...

Jeff Walker

Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.

Steve Acosta

Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly rec...

Adrianna Gomez

Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and tha...

Steve malman helped me with my auto case. he quickly responded and answered any and all the questions i had. my case was a success as well as 2 other family members i rec....

Meagan Cruz

Malman Law goes above and beyond handling your legal injury case needs. From the first appointment through to the ending verdict my sister and brother in law were very ...

Eddie Villarreal

I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never fe...

Madissen Miller

Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hea...

Christina Ocon

Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and grea...

Adriana Martinez

So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Ma...

Virgil Sanner

I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns....

Jazlyn Caraballo

My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the ...

Ashley Jenkins

$10 Million

$5.5 million, nursing home, trucking accident, $3.5 million, $1.8 million, $1.5 million, auto accident.

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines . This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

Medical Errors and Malpractices Essay

To find inspiration for your paper and overcome writer’s block
As a source of information (ensure proper referencing)
As a template for you assignment

Introduction

The facts of the case, the trial court ruling, the appellate court ruling, the impact of ruling to the health care administrators and workers in the us, a major controversy in the us health care, reference list.

Medical errors, malpractices and improper billings are common in the medical field. The patient who is subjected for medical malpractices can approach the court in support of some of the theories in relation to medical setting. This paper analyses a case of such legal proceedings in the first part, presenting the facts of the case that the trial court ruling, the appellate court ruling and how the ruling impacts health care administrators and workers in the US. The second part of the paper deals with a controversy in the US health care. It is a subject for debate that health care organization leaders should be held personally, responsible for fraudulent billing that occurs within their organizations.

On September 12, 2001 a patient named Gary Vivone has under gone two major surgeries from the Broad Lawns medical center. The surgeries were the removal of gallbladder and the small cyst in the forehead. Both the procedures were carried out successfully on the same day. After the surgery, Vivone noticed the swelling of his forehead. Dr. Phan re-opened the wound and re-stitched it and placed a pressure bandage on Vivone’s fore head. He was then discharged from the hospital. On September, Vivone visited the hospital again and Dr.Phan removed the bandages and replaced them with a new pressure bandage. Vivone returned again on September 24 and he could know that he had tissue necrosis. He has a resulting permanent indentation in his forehead. Vivone filed suits against De. Phan, Dr. Mansour Hadali, Dr. Robert Banister, and Broadlawns on alleging medical malpractice. Later based on defendant superior, he dismissed all others and claimed Broadlawns was responsible under the followed legislative laws.

The Doctrine of Respondeat Superior
The borrowed servant Doctrine
Vicarious liability under the case of Wolbers

The above case is happened because of the mere negligence of the health care professionals. The common law of Respondeat superior is formed in England, which later is adapted in to the United States. “Under respondeat superior the employer is liable for the injuries caused by an employee who is working within the scope of his employment relationship” (Law encyclopedia: Respondeat superior, 2010, para.4).

Due to the medical malpractice committed by Dr. Phan, Vivone registered case against Broadloawns the hospital where Dr. Phan worked at the time of this medical error. Vivone claimed against the institution taking some of the theories in support of his side. One theory is Respondeat Superior which means the responsibility of an employer for the mistakes committed by his employee. “The common-law doctrine of respondeat superior was established in seventeenth-century England to define the legal liability of an employer for the actions of an employee” (Respondeat superior, 2005, para.1). The second theory in which his claim is grounded is the borrowed servant doctrine which means the liability of an employer for the actions done by his borrowed employee. “The common law principle that the employer of a borrowed employee, rather than the employee’s regular employer, is liable for the employee’s actions that occur while the employee is under the control of the temporary employer” (Borrowed servant doctrine (or borrowed servant role), 2010, para.1). The third theory on which his claim is based is the vicarious liability which proposes about the liability of a person for an injury occurred by the mistake of another person who has legal relationship with him. “The tort doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship (such as Parent and Child, employer and employee, or owner of vehicle and driver), to exercise such care as a reasonably prudent person would use under similar circumstances” (Vicarious liability, 2008, para.1)

On the basis of these theories, Vivone claimed against the hospital and submitted before the jury for the verdict after having an extensive discussion on the causation of the case. Finally, the jury found that the fault is with Dr. Phan. Since there is an employee and employer relationship in the case of Dr. Phan and Broadlawns, the verdict was against Broadlawns. Dr. Phan was an employee in the Broadlawns hospital. The jury judged against the institution $160000 as a compensation for the medical error.

After the verdict of trial court, Broadlawns approached the appellate court highlighting some of the claims. The institution is not liable for the mistakes of Dr. Phan and the court should not have allowed the testimony of two doctors who were the supervisors of Dr. Phan while he was working in the hospital. Failure of Vivone to prove the causal connection between his conduct and injury, the special verdict form was not proper were the four claims put forward by the Broadlawn Hospital in order to avoid the verdict of the trail court. Even though the hospital moved with these claims, the district court did not allow their post trial motions. But now the hospital is moving with some of the appeals. The appeal includes the correction of errors at law and the second appeal is that judgment is not withstanding the verdict proposing that it is to be taken into consideration where there is substantial evidence to back his claim.

The Ruling of the above mentioned case will impact the health care administrators and workers in many ways. “The way U.S. law now works in most places, organizations are strictly liable for crimes committed by employees who are doing their jobs” (More enforcement, less justice, 2010, para.3). The effective compliance program and the quality of health care is defendant in case of respondeant superior. The health care organization is responsible for the violation of any health care malpractices and it must provide the required penalty.

The health care administrators take the responsibility of the guilt’s committed by their workers. As an impact of this ruling, they will take the preventive measures to reduce the guilt’s committed by their employees. The institution will always maintain the quality of its health care by appointing well qualified health employees. The administrators will monitor the hiring health professionals. They will appoint the hired employees only after verifying the quality of their work and their motivation. The quality of the health care will be totally improved. The administrators will improve the effectiveness of the quality circle in order not to happen any further violations.

In one way, the organization will take the responsibility of the individual failure of its workers. But, it can take some actions against the worker based on the institutional laws and procedure. If the violation is severe the administrators can dismiss its employee. Therefore, the employee will also try to improve their quality of health care. The workers will always provide a better health care by updating the knowledge in their specialization.

The specialization of the employees will also increase. The health care institution is a developing industry. The employee will always try to update their knowledge in deep in a specialized area. Various health care services are provided with a multidisciplinary perspective; here the administrative of the institution will always try to monitor the multidisciplinary team effective in their quality. Sometime, a small negligence may result in the total effectiveness of the institution.

There is a constant debate in the United States health care system in relation to the criminal prosecution for the medical error and for the fraudulent billing in the organization. The question is whether the health care organization leaders should be held personally for fraudulent billing that occurs within their organizations. Errors in billing is the biggest problem in the medical sector and some of the ways in which billing can be occurred are such as repeating the billing, an increase in the length of the stay in the hospital, improper calculation of the charges according to the type of room and the mistakes occurring in the key strokes. “Even the simplest medical procedure can cost tens of thousands of dollars. One error could add several thousand dollars to an already hefty bill” (Hospital billing error and fraud, n.d, para.2). As far as it is concerned, the health care organization leaders should be subjected to a criminal prosecution for improper billing of Medicare and Medicaid. Because the organization leader is the sole authority in the organization and most of the malpractices are occurred with their knowing. Even though it is a minute mistake in the billing, the money receiving out of this malpractice is enormous. The organization leader can stop such kind of malpractices from their organization if they have will. But no organization takes any step to stop such acts and moreover they encourage such malpractices. In order to eradicate this type of trends from the organizations, the organization leaders must be subject for criminal prosecution for improper billing.

Borrowed servant doctrine (or borrowed servant role) . (2010). Your Dictionary.Com. Web.

Hospital billing error and fraud . (n.d.). Fraud Guides. Web.

Law encyclopedia: Respondeat superior . (2010). Answers.Com. Web.

More enforcement, less justice . (2010). The FCPA Blog. Web.

Respondeat superior . (2005). The Free Dictionary. Web.

Vicarious liability . (2008). The Free Dictionary. Web.

Down Syndrome, Symptoms, Prevention and Treatment
The Medicaid Program of Minnesota State
Enron Corporation's Malpractices and Bankruptcy
Sunbeam Corporation’s Financial Reporting Malpractices
Medical Errors and Organizational Liability
Effects of Conflicts in a Country
Hypertension, Asthma and Glaucoma
Health Determinants: the Case of Jason Newman
Quality Concerns in Rural Health Care
Tobacco Consumption and Control Initiatives
Chicago (A-D)
Chicago (N-B)

IvyPanda. (2022, March 16). Medical Errors and Malpractices. https://ivypanda.com/essays/medical-errors-and-malpractices/

"Medical Errors and Malpractices." IvyPanda , 16 Mar. 2022, ivypanda.com/essays/medical-errors-and-malpractices/.

IvyPanda . (2022) 'Medical Errors and Malpractices'. 16 March.

IvyPanda . 2022. "Medical Errors and Malpractices." March 16, 2022. https://ivypanda.com/essays/medical-errors-and-malpractices/.

1. IvyPanda . "Medical Errors and Malpractices." March 16, 2022. https://ivypanda.com/essays/medical-errors-and-malpractices/.

Bibliography

IvyPanda . "Medical Errors and Malpractices." March 16, 2022. https://ivypanda.com/essays/medical-errors-and-malpractices/.

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

Basic site functions
Ensuring secure, safe transactions
Secure account login
Remembering account, browser, and regional preferences
Remembering privacy and security settings
Analyzing site traffic and usage
Personalized search, content, and recommendations
Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Cookies and similar technologies are used to enhance your experience by:

Remembering general and regional preferences
Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy .

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy .

Thanks for visiting! GoodRx is not available outside of the United States. If you are trying to access this site from the United States and believe you have received this message in error, please reach out to [email protected] and let us know.

Personal Injury Lawyers Serving the Entire U.S.

Home / Personal Injury Lawsuit / Medical Malpractice Lawsuit

Medical Malpractice Lawsuit

When a patient is injured as a result of negligent care by a medical doctor, health care professional, or hospital, the circumstance is commonly referred to as “medical malpractice.” In medical malpractice cases, injuries can vary from minor to life-altering, and, if severe enough, can result in death.

Call (800) 995-1212 now for a free case review to see if you may be eligible for compensation from a medical malpractice lawsuit.

Get a Free Legal Case Review

Medical Malpractice Is Common

Medical malpractice occurs far too often. A recent report from Johns Hopkins Medicine estimates as many as 250,000 Americans die each year from preventable medical mistakes , making it the fourth-leading cause of death in the United States.

If you believe that you are a victim of medical malpractice, you may be able to file a medical malpractice lawsuit as a way to secure financial compensation for pain and suffering, medical expenses, life care costs, and lost work wages.

Sokolove Law is a personal injury law firm with experience across a broad range of practice areas, including medical malpractice. Submit the form to the right or request a free case review and we’ll let you know if we can represent you.

What Is a Medical Malpractice Lawsuit?

A medical malpractice lawsuit is typically filed shortly after a medical professional’s care resulted in a patient’s injury. These lawsuits will vary based on the type and severity of the injury, but all medical malpractice suits aim to provide injured patients with significant financial compensation.

In medical malpractice lawsuits, a medical provider or facility may have:

Failed to provide an acceptable standard of care
Acted with negligence, either through an omission or a direct negligent act
Caused significant injury to the patient

In order for a patient to secure financial compensation for an injury caused by medical negligence, their legal team must prove that the injury was the result of medical malpractice, meeting the criteria noted above.

Our Past Medical Malpractice Settlements

According to the U.S. Department of Justice (DOJ), 93% of all medical malpractice cases are settled out-of-court . Settlements are often the preferred route, because they can save both the plaintiffs and the defendants time, resources, and money.

When a settlement is reached in a medical malpractice case, the injured victim and their legal team receive an agreed-upon amount of compensation from the offending doctor, medical professional, health care provider, and/or hospital.

A few of our many settlements for medical malpractice include:

$9.67 Million for a child who suffered injuries during a delayed delivery
$3.9 Million for a patient who received a delayed diagnosis for a herniated disc
$3.25 Million for a patient who suffered a delayed lung cancer diagnosis
$2.9 Million for a patient whose misdiagnosis caused his cancer to worsen
$2.5 Million for a victim of medical malpractice in Boston
$2.43 Million for a failure to diagnosis case
$2.25 Million for a case involving an incorrect diagnosis
$2 Million for a woman whose daughter passed away due to medical malpractice
$1.75 Million for a woman whose doctors failed to diagnose her ovarian cancer
$1.5 Million for a man in whose his lung cancer was missed in X-rays until it spread to stage 4

While there's never a guarantee of compensation in any case, we'll fight hard to get you everything you're entitled to.

Call (800) 995-1212 now to get started for free. Let us put our decades of experience to work for you.

Types of Medical Malpractice

There are several different types of medical malpractice, but the common denominator is that negligent medical care results in a significant injury to a patient. Through no fault of their own, medical malpractice victims are forced to experience dramatic physical and emotional challenges, potentially for the rest of their lives.

It’s worth noting that the type of medical malpractice and the severity of the injury can have drastic impacts on the victim’s claim to compensation. Below, we outline some of the more common types of medical malpractice, though this list is not exhaustive.

If you don't see a certain type of injury below that relates to your circumstance, let us know — we offer free, no-obligation legal consultations and may be able to help.

Birth and Pregnancy Injuries Malpractice

Birth injuries and pregnancy injuries are some of the more common types of medical malpractice. These injuries are caused by medical negligence and take place before, during, or shortly after the birth of a newborn, often resulting in significant injury to the child.

In a birth injury medical malpractice case, the baby’s brain and/or body is injured, resulting in injuries that can last a lifetime. As devastating as it is, around 7 of every 1,000 newborns will be injured at birth.

Some of the more common birth injuries include:

Cerebral palsy
Erb’s palsy
Infant brain damage
Injuries to the brachial plexus nerves

Other serious birth injuries can result in bleeding and/or lack of oxygen in the brain, facial nerve damage, and/or skull fracturing.

Failure to Diagnose Malpractice Lawsuits

Failure to diagnose conditions and failure to diagnose cancer are two of the more common types of medical malpractice lawsuits. When a doctor or medical practitioner fails to diagnose a serious medical condition, illness, or disease, it can prove catastrophic for the patient.

A doctor may fail to diagnose:

Heart attack
Pulmonary embolism

If a doctor fails to diagnose cancer, tumors may progress and spread undetected, and the patient may then miss their window of opportunity for life-extending therapies or surgeries.

During a surgical operation, a surgeon may make preventable mistakes that result in patient injury. Known as surgical errors , this type of medical malpractice is shockingly common.

Preventable surgical errors include:

Wrong-site surgery (when surgery is done on the wrong part or side of the body, like removing the left lung when cancer was in the right lung instead)
Wrong-patient surgery
Damage to internal organs
Surgical tools left inside of the body
Improper management of post-operative complications
Botched plastic surgery

According to the U.S. Department of Health and Human Services (HHS), 1 in every 112,000 surgeries will result in an error — a figure that does not include ER and ambulance operations, which produce more surgical errors.

Other Medical Malpractice Cases

While failure-to-diagnose, surgical, and birth-related medical malpractice are more common, there are many other types of medical malpractice as well, each of which can be equally catastrophic.

Some other medical malpractice cases include:

Delayed diagnosis : A doctor diagnoses a disease or condition later than they otherwise should have
Emergency room errors : An ER doctor makes a medical error in an emergency-room setting that results in significant injury to the patient
Failure to treat: A doctor makes an accurate diagnosis, but does not prescribe adequate medical treatment
Misdiagnosis: A doctor makes an incorrect diagnosis, resulting in improper treatment
Prescription drug errors: A doctor prescribes the wrong medication or the right medication but in too high or too low a dosage

If you do not see the medical malpractice situation that injured you or your loved one, we can still determine if you have a case. Contact us today for a free consultation .

How to Prove Medical Malpractice

With over 45 years of experience handling medical malpractice cases, Sokolove Law has helped thousands of clients prove their stories and receive medical compensation.

In medical malpractice lawsuits against a doctor, hospital, or health care worker, our legal team generally works to prove the following:

The doctor’s legal duty to provide standard of care to the patient
The doctor’s breach of their legal duty to provide standard of care by failing to meet the standards of the medical profession
The doctor’s breach of duty caused the patient’s injury
The injury and its resulting damages can be addressed through the legal system

The term “standard of care” or “duty of care” refers to the type of care and treatment patients should normally expect from a medical professional. A doctor may violate the standard of care when they make a decision or an omission that a standard doctor would have most likely avoided.

By filling out a free legal case review , we can help you determine if you have a legal case for medical malpractice.

How Does a Medical Malpractice Lawsuit Work?

A medical malpractice lawsuit can be filed shortly after a patient is injured by a doctor or medical professional who fails to provide standard medical care. An injured patient can then file a medical malpractice lawsuit with the help of a medical malpractice law firm.

Lawsuits will then undergo the following phases:

Discovery: During the discovery phase, both the injured party (plaintiff) and the defendants will request and gather information and evidence related to the case
Expert Witnesses: During this phase, neutral expert medical witnesses may be called to testify on the merits of a medical malpractice claim; these experts can help both parties determine the standard of medical care and whether that standard of care was breached
Settlement: Not all medical malpractice lawsuits end in a verdict or settlement, but the majority do; if the evidence presented during discovery and expert testimony is sufficient to prove a breach of medical care, then defendants will often work to cut their losses and settle the case out-of-court, and the defendant and plaintiff attorneys then negotiate a sum to be paid to the victim for their injury or injuries

While most medical malpractice lawsuits are settled before they go to court, some cases do reach trial. When this happens, a judge and jury will listen to the case and render a verdict based on the information presented.

Average Settlement for Medical Malpractice Lawsuits

Settlement amounts will vary in every circumstance and are based on the severity of the injury, the victim’s ability to work and earn wages, the cost of future or ongoing medical procedures, the extent of the medical professional’s negligence, and a host of other factors.

In a report published by Medscape, the average settlement amount for a medical malpractice lawsuit is around $425,000 . This figure reflects the national average, and it’s important to note that settlement amounts will vary based on the individual factors of your case, including the state you live in.

Surprisingly, many states actually have medical malpractice damage caps that limit the amount of compensation a plaintiff can receive from economic damages (which can be calculated from measurable losses, like medical expenses or lost wages) and/or non-economic damages (for losses you can’t put a price tag on, like pain and suffering).

For instance, Massachusetts has a non-economic damage cap of $500,000 but no cap on economic damages, while some states have no cap on medical malpractice cases, like both Rhode Island and New Hampshire .

What Is the Statute of Limitations on Medical Malpractice?

When a doctor, medical professional, or hospital commits a mistake that results in an injury to a patient, the injured patient has only a limited amount of time to file a medical malpractice lawsuit. The specific amount of time that a victim has to file a suit is called the statute of limitations.

Statutes of limitations vary by state and type of case, but very rarely do they exceed a period of 2-7 years.

A victim’s lawsuit must fall within statutes of limitations. Once this limit has passed, they can no longer file a claim. Don’t let the time limit pass — reach out to us today for a free case evaluation .

Sokolove Law and Medical Malpractice Cases

Medical malpractice occurs far too often. Unsuspecting patients have their lives completely upended when they are injured as a result of a medical expert’s negligence. Injured patients leave the hospital feeling confused and upset, searching for answers.

Sokolove Law has been fighting side-by-side with victims like these for more than 45 years. While the roots of our practice may be in Boston, Massachusetts and later New Hampshire and Rhode Island, Sokolove Law is a national law firm serving clients in all 50 states .

We believe every person — no matter their background — should have the right to pursue justice through the legal system. Our attorneys only get paid if your case results in compensation , so there are no financial barriers to taking action.

If you or someone you love has been injured due to medical malpractice, we want to help. Beginning the legal process with Sokolove Law is the first step in advocating for you or your loved one’s rights and getting the justice you deserve.

Medical Malpractice Lawsuit FAQs

What are some examples of medical malpractice or negligence.

Medical malpractice (or negligence) takes many different forms but almost always involves harm done to a patient on behalf of a doctor or medical professional. Some examples of medical malpractice include misdiagnosis, surgery on the wrong area of the body, improperly prescribing drugs, and failure to treat a certain condition properly.

An example of medical malpractice may be a doctor who misdiagnoses a patient with pneumonia when, in fact, the patient has lung cancer. As a result of the misdiagnosis, the patient’s cancer treatment is delayed and they lose precious time that could have been spent combating the disease.

What should you do if you suspect medical malpractice?

If you suspect medical malpractice, your first move should be protecting your health and getting the proper care that you need.

After contacting another doctor, you should retrieve your medical records from the facility where you believe the malpractice occurred. If you suspect malpractice, be sure to monitor your health closely by taking daily notes or writing in a journal any symptoms you experience.

Finally, reach out to a medical malpractice law firm . An experienced and qualified personal injury attorney can help you figure out your next step forward.

How many years do you have to sue for medical malpractice?

The amount of time that a victim has to file a lawsuit is determined by a given state’s statute of limitations. These laws differ from state to state and are determined by the type of case a victim files, such as a personal injury claim versus a wrongful death claim.

Statutes of limitations typically range between 2-7 years, though 2-3 years is much more common. Once the statute of limitations passes, a victim can no longer file a lawsuit. If you suspect medical malpractice in your case, reach out to us today for a free case evaluation .

In a medical malpractice lawsuit, are you suing the doctor or the hospital?

In figuring out who to sue in a medical malpractice lawsuit, the determining factor is often the doctor’s employment status. In most cases, doctors operate as independent contractors, which can help medical facilities, such as hospitals, avoid legal trouble from medical malpractice.

In some cases, however, doctors are full-time employees of a hospital. In these circumstances, a victim may sue the hospital for their injury.

How long do medical malpractice claims take?

How long a medical malpractice case takes to settle or go to trial is largely determined by the complexity of the injury and the strength of the evidence presented during the discovery phase. Cases that are especially complex can take several years to reach a resolution.

By contrast, cases that are relatively straightforward — such as when a doctor mistakenly operates on the wrong area of a patient’s body — can take much less time to reach a resolution.

How much does it cost to sue for medical malpractice?

The act of hiring a medical malpractice attorney rarely costs anything upfront, and that’s because most lawyers practicing in this area work on a contingency-fee-basis. When an attorney is hired on a contingency-fee-basis, it means the victim pays nothing unless your case successfully reaches a settlement or verdict.

Only at the conclusion of a successful medical malpractice lawsuit will the victim’s legal team accept a portion of the compensation. If the lawsuit is unsuccessful, the medical malpractice lawyer does not collect any legal fees.

Managing Attorney, Sokolove Law

Legal Editor
Fact-Checked

Ricky A. LeBlanc is the Managing Attorney at Sokolove Law. As Managing Attorney, Ricky is responsible for all communications with prospective clients and, along with his team of paralegals and case managers, review all potential cases.

Bal, B. Sonny. “An Introduction to Medical Malpractice in the United States.” Clinical Orthopaedics and Related Research. 2008 Nov 26. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/ . Accessed on November 5, 2023.
Expert Institute. “Medical Malpractice Payout Reports for 2018.” Retrieved from https://www.expertinstitute.com/resources/insights/medical-malpractice-payout-report-for-2018/ . Accessed on November 5, 2023.
Expert Institute. “The Current State of State Damage Caps.” Retrieved from https://www.expertinstitute.com/resources/insights/state-state-damage-caps/ . Accessed on November 5, 2023.
Johns Hopkins Medicine. “Study Suggests Medical Errors Now Third Leading Cause of Death in the U.S.” 2016 May 15. Retrieved from https://www.hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us . Accessed on November 5, 2023.
LeverageRx. “2019 Medical Malpractice Payout Report.” Retrieved from https://www.leveragerx.com/malpractice-insurance/2019-medical-malpractice-report/ . Accessed on November 5, 2023.
Medscape. “Malpractice: When to Settle a Suit and When to Fight.” Retrieved from https://www.medscape.com/viewarticle/811323_3 . Accessed on November 5, 2023.
Medscape. “Should You Settle or Go to Trial?” Retrieved from https://www.medscape.com/courses/section/880448 . Accessed on November 5, 2023.
U.S. Department of Health and Human Services. “Wrong-Site, Wrong-Procedure, and Wrong-Patient Surgery.” Retrieved from https://psnet.ahrq.gov/primer/wrong-site-wrong-procedure-and-wrong-patient-surgery . Accessed on November 5, 2023.
U.S. Department of Justice. “Medical Malpractice Insurance Claims in Seven States.” Retrieved from https://www.bjs.gov/content/pub/pdf/mmicss04.pdf . Accessed on November 5, 2023.

Hello, we're sorry to barge in, but we are available to answer your questions.

Would you like to speak to a live person?

Medical Malpractice Lawsuit Process: What You Need To Know

Legally Reviewed and Edited by: Terry Cochran

When medical negligence harms you or a loved one, the thought of filing a medical malpractice lawsuit can feel overwhelming. You’re likely dealing with the emotional and physical toll of the situation on top of financial stress from medical bills and lost wages. Understanding the medical malpractice lawsuit process can help you know what to expect, gather crucial evidence, and fight for the compensation you deserve.

At Cochran, Kroll & Associates, P.C., our medical malpractice attorneys specialize in all medical negligence, from birth injuries and surgical mistakes to incompetency and dental malpractice. We can help you through the medical malpractice lawsuit process to hold negligent medical providers accountable and get you a fair recovery award.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care, harming the patient. The “standard of care” refers to the expected level of performance and care that a capable healthcare professional with comparable training and experience would deliver in similar situations.

When this standard is not met, and the patient is injured, it may be considered medical negligence. Common examples of medical malpractice include:

Credentialing errors. When a doctor isn’t adequately credentialed or up-to-date with medical training, it can lead to misdiagnosis or improper treatment.
Nursing home neglect. Inadequate care in nursing homes can result in issues like bedsores, malnutrition, or worse, due to neglect or unqualified staff.
Dental malpractice. Dentists who perform incorrect procedures or mishandle anesthesia can cause prolonged pain or permanent damage.
Surgical mistakes. Errors such as operating on the wrong site, leaving instruments inside a patient, or surgical burns are serious breaches of the standard of care.
Pharmaceutical errors. Prescribing the wrong medication or dosage can have severe adverse effects on a patient’s health.
Communication failures. Lack of coordination among medical staff can lead to conflicting treatments or missed diagnoses, compromising patient safety.
Birth injuries. Mistakes during delivery can lead to injuries to the baby, such as cerebral palsy or fractures, often resulting from delayed actions or improper handling.
Nursing errors. Nursing errors in administering medication, improper patient monitoring, or failing to execute doctor’s orders can all harm patients.

Do You Have a Valid Medical Malpractice Claim?

The first step in the medical malpractice lawsuit process is determining whether you have a valid claim. To do this, you must be able to prove four key elements:

Doctor-patient relationship. You must show that there was an established relationship with the medical professional, meaning they were responsible for your care.
Breach of standard of care. You need to demonstrate that the healthcare provider failed to meet the standard of care.
Causation. You must prove that the breach caused your injury or harm.
Damages: Finally, you must show that you suffered damages, such as additional medical bills, lost income, or pain and suffering.

If you can establish these four elements, you may have a valid medical malpractice claim. Consult our qualified attorneys at Cochran, Kroll, & Associates, P.C. today. Our firm specializes in medical malpractice claims. In a free consultation, we’ll assess your situation and discuss the next steps to hold those responsible for your injuries accountable.

Gathering Medical Records and Evidence

Once you’ve determined that you may have a valid claim, you’ll need to gather your medical records and other evidence supporting your case. Your attorney will help you obtain the following evidence, including medical records and expert testimony to support your claim:

Medical records. These include all documentation related to your medical care, such as hospital records, doctor’s notes, diagnostic tests, medication lists, and treatment plans. These documents can show what treatments were given, the follow-up care provided, and your responses to treatments, illustrating whether the standard of care was upheld.
Expert testimony. Specialists in the field relevant to your claim will review your medical records and the care you received to determine if there was a deviation from standard practices. Their professional opinions can establish whether your care fell below acceptable medical standards, linking any negligence to the harm suffered.
Witness statements. These can come from family members, friends, or anyone aware of your condition before and after the treatment. They can provide firsthand accounts of the impact of medical errors on your daily life and health.
Photographic evidence. Photos or videos of your physical condition can support claims of physical harm and show the severity and impact of your injuries over time in a powerful visual format.
Billing statements. These can detail the treatments you were billed for and help corroborate the medical interventions recorded in your medical records. They can also highlight discrepancies between the care billed and the care reported in your medical records.
Correspondence. You can use emails or letters exchanged with healthcare providers as evidence. These documents might contain admissions of fault or discrepancies in the provider’s accounts of the treatment.

Filing the Medical Malpractice Lawsuit

After gathering the necessary evidence, your attorney will file a formal complaint with the court. This complaint outlines your allegations against the healthcare provider and the damages you seek. Filing a lawsuit officially begins the legal process and notifies the defendant (the healthcare provider or their insurance company) of your intent to pursue legal action.

In medical malpractice cases, you must follow the procedure outlined in Statute 600.2912b . Our team ensures your claim meets the following requirements:

Notice of intent. We notify the healthcare provider or facility before we file the lawsuit—182 days as required. This notice explains what went wrong in your care, how it should have been handled according to medical standards, and how the mistake harmed you.
Gathering evidence. During the 182-day period after sending the notice, we collect all the evidence we need to support your case. This includes getting all relevant medical records and opinions from medical experts who can back up your claim.
Checking responses. We monitor how the healthcare provider or facility responds to our notice. They have up to 154 days to reply, outlining their side of the story and how they believe they met the standard of care.
Preparing to file the lawsuit. If the healthcare provider or facility doesn’t settle, we prepare to take legal action immediately after the waiting period.

team discussing documents during meeting

Discovery Phase: Building Your Case

Once the lawsuit is filed, both sides enter the discovery phase. During this stage, both parties exchange information and evidence related to the case. This may include:

Depositions. These are in-depth, sworn statements taken in the presence of a court reporter. They involve the plaintiff and defendant, medical experts, and other witnesses. For instance, a surgeon may be deposed to discuss the surgical procedures followed, or a family member might share observations about your condition before and after the treatment.
Interrogatories. These detailed written questions require answers under oath from the opposing party. They might ask a healthcare provider to explain the rationale behind a particular treatment decision or to detail the procedures followed during patient care.
Requests for documents. Both sides can request specific documents crucial to the case. This might include medical records beyond initial submissions or detailed insurance policy information relevant to the claim. Teams may also ask for email exchanges between the patient and healthcare provider that illustrate the patient’s concerns and the provider’s responses.

Settlement Negotiations

Before the case goes to trial, there’s often an opportunity for settlement negotiations . Settlement negotiations involve both parties discussing the possibility of resolving the case out of court. In many cases, the defendant’s insurance company may offer a settlement to avoid the time and expense of a trial.

Settlements can be advantageous for both sides. For the plaintiff, a settlement provides a quicker resolution and guarantees compensation without the uncertainty of a trial outcome. However, it’s essential to have a skilled attorney by your side during these negotiations to ensure a fair settlement offer that reflects the true extent of your damages.

Going to Trial

The case will likely proceed to trial if a settlement cannot be reached. During the trial, both sides will present their evidence, call witnesses, and make arguments to a judge or jury. Your attorney at Cochran, Kroll, & Associates, P.C. will advocate on your behalf to prove that the healthcare provider acted negligently and that their substandard care caused your injuries.

Trials can be lengthy and emotionally challenging, but they also provide an opportunity to seek justice and hold the responsible party accountable. If the jury finds in your favor, they will award damages based on the evidence presented.

Types of Damages You Can Recover in a Medical Malpractice Lawsuit

In a successful medical malpractice lawsuit, you may be entitled to several types of damages, including:

Medical bills. Compensation for the cost of additional medical treatment required due to the malpractice.
Lost wages. If your injury prevented you from working, you could recover lost income, including future earnings.
Pain and suffering. Compensation for the physical pain and emotional distress caused by the injury. We can help you pursue up to $280,000 or $500,000 in non-economic damages, depending on the circumstances of your case.
Exemplary damages. In cases of particularly egregious negligence, you may be awarded exemplary damages to compensate you for the defendant’s conduct.

How Cochran, Kroll & Associates, P.C. Can Help You

When facing a medical malpractice claim, it is crucial to have a law firm with both legal experience and an understanding of medical issues. One of our key strengths is the expertise of senior partner Eileen Kroll .

Eileen is a highly experienced medical malpractice attorney and a registered nurse. Her medical background allows her to analyze medical records and understand the nuances of medical procedures, which is essential in proving that the standard of care was breached in your case.

Eileen’s dual expertise has been instrumental in winning cases for our clients, including a $9 million settlement for a brain-injured patient and a $3.8 million settlement for a child who developed cerebral palsy due to a birth injury.

Proven Track Record of Success

Cochran, Kroll & Associates has a proven track record in medical malpractice cases. We have successfully secured substantial verdicts and settlements for our clients, including:

$15.8 million for a birth injury case in Monroe, Michigan, where a child developed cerebral palsy due to errors during labor.
$9 million for a misdiagnosis case in Wayne County, where a patient suffered cardiac arrest and brain damage due to delayed treatment.
$3.8 million for a birth trauma case in Southern Michigan, where a child suffered from developmental delays and cerebral palsy

Secure Your Rightful Compensation: Contact Us Today!

It’s essential to act quickly if you suspect medical malpractice. Michigan has strict statutes of limitations, meaning there’s a limited time frame to file your claim. Delaying action could result in losing the opportunity to seek justice and compensation.

At Cochran, Kroll & Associates, P.C., we offer a free case review to help you understand your legal options. Our team is ready to support you through every step of the medical malpractice lawsuit process, ensuring you have the best possible chance for a successful outcome. Contact us for a complimentary consultation and learn the next step for your legal claim.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

READY TO GET STARTED?

Get a free case evaluation.

First Name *
Last Name *
CASE CONCERNING: * Select Case Concerning VEHICLE ACCIDENTS MEDICAL MALPRACTICE PRODUCT LIABILITY WORKER’S COMP PERSONAL INJURY OTHER
TELL US ABOUT YOUR CASE:* *

Your privacy is important to us. Cochran, Kroll & Associates, P.C. does not share, sell, rent, or trade personally identifiable or confidential information with third parties for any purpose.

Email This field is for validation purposes and should be left unchanged.

CALL TOLL-FREE | 24 HOURS

Results-driven track record.

Monroe, Michigan

A young couple from Monroe, Michigan, was awarded a $15.8 million verdict as the result of their baby son, Jason, being inflicted with Cerebral Palsy as the result of an error during the final stages of a labor.

Oakland County, Michigan

While in the hospital a mother of three was not properly treated for a closed-head injury causing her untimely death.

Livonia, Michigan

A Livonia pedestrian recovered $1.4 million when he was struck by a commercial van resulting in a traumatic brain injury in Redford, Michigan.

Wayne County, Michigan

Patient suffered cardiac arrest and brain damage when a hospital failed to recognize internal bleeding and treatment was delayed for more than 14 hours.

Tuscola County, Michigan

A Tuscola County jury awarded $3.3 million to a severely brain injured motorist as the result of a defective Michigan highway.

Flint, Michigan

A seventeen-year-old construction worker suffered a traumatic brain injury resulting from a fall in Flint, Michigan, and was awarded $1.25 million.

Middle-aged woman suffered severe disfiguring facial burns from a simple surgical procedure.

Southern Michigan

Child developed cerebral palsy with developmental delays due to lack of oxygen and brain injury during labor and delivery.

Westland, Michigan

A Westland construction worker recovered $1.5 million after sustaining a traumatic brain injury while on a construction site in Detroit, Michigan.

Marlette, Michigan

A Marlette, Michigan, family reached a $1.3 million settlement in the traffic death of their 5-year-old son when they were struck by a semi truck.

Redford, Michigan

The misdiagnosis of breast cancer resulted in a Redford, Michigan, woman recovering $225,000.

Detroit, Michigan

A construction worker redeemed his worker’s compensation case for $125,000 in Detroit, Michigan.

A paraplegic woman from Monroe, Michigan, recovered Michigan no-fault benefits including the purchase of a new home and attendant care in excess of $400,000.

Brighton, Michigan; Detroit, Michigan

A Brighton family recovered $1.3 million and a Detroit family recovered $900,000 as the result of birth injuries and medical malpractice to their children.

Bay City, Michigan

A Bay City grandmother was awarded $80,000 following an auto accident resulting in a broken leg.

FREE CONSULTATION NO FEES UNTIL WE WIN

Name * First Last
CASE CONCERNING: * Select Case Concerning Vehicle Accidents Medical Malpractice Product Liability Worker’s Comp Personal Injury Other
TELL US ABOUT YOUR CASE: *
Phone This field is for validation purposes and should be left unchanged.

Home Improvement
Health & Wellness
RESOURCES & FAQS

Last updated: September 24, 2024

Best Medical Malpractice Lawyers in Meridian, ID

Our recommended top 5, we did the research for you.

Our goal is to connect people with the best local professionals. We scored Meridian Medical Malpractice Lawyers on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best.

28 Reviewed

5 Top Picks

Learn about our selection process .

Mahoney Law, PLLC self.__wrap_n=self.__wrap_n||(self.CSS&&CSS.supports("text-wrap","balance")?1:2);self.__wrap_b=(e,r,t)=>{let i=(t=t||document.querySelector(`[data-br="${e}"]`)).parentElement,c=e=>t.style.maxWidth=e+"px";t.style.maxWidth="";let a=i.clientWidth,s=i.clientHeight,o=a/2-.25,d=a+.5,l;if(a){for(c(o),o=Math.max(t.scrollWidth,o);o+1 {self.__wrap_b(0,+t.dataset.brr,t)})).observe(i)};self.__wrap_n!=1&&self.__wrap_b(":R92q8rrpnnnlff6lta:",1)

Expertise.com rating, review sources, why choose this provider.

Patrick Mahoney, the principal lawyer of Mahony Law, PLLC, is a medical malpractice attorney in Meridian. He provides legal consultation and representation for injured clients and their families involved in various medical errors. These include orthopedic and neurological, emergency room, clinic and family practice, and obstetrical malpractices. Mahoney also focuses on birth injury claims due to negligence in labor and delivery. The firm's other practice areas involve insurance law, personal injury, nursing home litigation, and commercial litigation.

Attorney Information

Attorney Name	Bar Status	Experience
Patrick Mahoney - Principal	Active	29

Duke Evett, PLLC self.__wrap_n=self.__wrap_n||(self.CSS&&CSS.supports("text-wrap","balance")?1:2);self.__wrap_b=(e,r,t)=>{let i=(t=t||document.querySelector(`[data-br="${e}"]`)).parentElement,c=e=>t.style.maxWidth=e+"px";t.style.maxWidth="";let a=i.clientWidth,s=i.clientHeight,o=a/2-.25,d=a+.5,l;if(a){for(c(o),o=Math.max(t.scrollWidth,o);o+1 {self.__wrap_b(0,+t.dataset.brr,t)})).observe(i)};self.__wrap_n!=1&&self.__wrap_b(":R94q8rrpnnnlff6lta:",1)

Duke Evett PLLC is a defense law firm near Meridian that provides clients with effective legal services from a team of seasoned trial attorneys. It vigorously defends hospitals, physicians, nurses, dentists, and other medical professionals in health care litigation claims. The firm represents manufacturers and pharmaceutical companies against allegations of serious injuries or death caused by defective medical devices or products. Duke Evett also protects the interests of nursing home care providers in claims of neglect by residents.

Attorney Name	Bar Status	Experience
Keely Duke - Founding Member	Active	25

Hepworth Law Offices self.__wrap_n=self.__wrap_n||(self.CSS&&CSS.supports("text-wrap","balance")?1:2);self.__wrap_b=(e,r,t)=>{let i=(t=t||document.querySelector(`[data-br="${e}"]`)).parentElement,c=e=>t.style.maxWidth=e+"px";t.style.maxWidth="";let a=i.clientWidth,s=i.clientHeight,o=a/2-.25,d=a+.5,l;if(a){for(c(o),o=Math.max(t.scrollWidth,o);o+1 {self.__wrap_b(0,+t.dataset.brr,t)})).observe(i)};self.__wrap_n!=1&&self.__wrap_b(":R96q8rrpnnnlff6lta:",1)

Hepworth Law Offices is the law firm of medical malpractice attorneys located near Meridian. The firm's founders, attorneys Jeffrey J. Hepworth and J. Grady Hepworth, provide representation to clients who are affected by serious injuries or death due to medical carelessness and malpractice. These include surgical and emergency room errors, surgical mistakes, and lack of providing a standard of care. Other legal areas handled by the firm include auto collisions, slips and falls, and employment disputes.

Attorney Name	Bar Status	Experience
J. Grady Hepworth - Partner	Active	7
Jeffrey Hepworth - Partner	Active	39

Pedersen Whitehead & Hanby self.__wrap_n=self.__wrap_n||(self.CSS&&CSS.supports("text-wrap","balance")?1:2);self.__wrap_b=(e,r,t)=>{let i=(t=t||document.querySelector(`[data-br="${e}"]`)).parentElement,c=e=>t.style.maxWidth=e+"px";t.style.maxWidth="";let a=i.clientWidth,s=i.clientHeight,o=a/2-.25,d=a+.5,l;if(a){for(c(o),o=Math.max(t.scrollWidth,o);o+1 {self.__wrap_b(0,+t.dataset.brr,t)})).observe(i)};self.__wrap_n!=1&&self.__wrap_b(":R98q8rrpnnnlff6lta:",1)

Pedersen Whitehead & Hanby is a team of trial lawyers representing injured clients in Meridian, Boise, Twin Falls, and Southern Idaho. With over 50 years of combined experience, the attorneys focus on a range of practice areas including medical malpractice-related matters such as surgical errors, anesthesia errors, medication errors, pharmaceutical torts, and medical device litigation. They also handle cases of personal injury, vehicle accidents, pedestrian accidents, catastrophic and serious accidents, and worker's compensation.

Attorney Name	Bar Status	Experience
Kenneth Pedersen - Principal	Active	52
Jarom Whitehead - Partner	Active	22
Michael Hanby - Partner	Active	16

Ellsworth, Kallas & DeFranco self.__wrap_n=self.__wrap_n||(self.CSS&&CSS.supports("text-wrap","balance")?1:2);self.__wrap_b=(e,r,t)=>{let i=(t=t||document.querySelector(`[data-br="${e}"]`)).parentElement,c=e=>t.style.maxWidth=e+"px";t.style.maxWidth="";let a=i.clientWidth,s=i.clientHeight,o=a/2-.25,d=a+.5,l;if(a){for(c(o),o=Math.max(t.scrollWidth,o);o+1 {self.__wrap_b(0,+t.dataset.brr,t)})).observe(i)};self.__wrap_n!=1&&self.__wrap_b(":R9aq8rrpnnnlff6lta:",1)

Ellsworth, Kallas & DeFranco, founded in 1993, is a personal injury law firm with extensive experience in trial litigation. As a medical malpractice lawyer near Meridian, it represents individuals who have been victims of a medical provider's negligence, improper treatment, or failure to diagnosis, causing injury or death. The firm's mission is to seek maximum compensation for parties who have been injured or suffered a wrongful death due to medical negligence or wrongdoing.

Attorney Name	Bar Status	Experience
Joseph Ellsworth - Partner	Active	37
Rick Kallas - Partner	Active	36
John DeFranco - Partner	Active	30

Compare our Top Medical Malpractice Lawyers

Name	Expertise Rating	Address	Promotions	Learn more
Mahoney Law, PLLC		1211 West Myrtle Street, Boise, ID 83702
Duke Evett, PLLC		1087 West River Street, Boise, ID 83702
Hepworth Law Offices		2229 West State Street, Boise, ID 83702
Pedersen Whitehead & Hanby		199 North Capitol Boulevard, Boise, ID 83702
Ellsworth, Kallas & DeFranco		1031 East Park Boulevard, Boise, ID 83712

Disclaimer: Consumers utilizing Expertise.com are free to communicate and contract with any lawyer they choose. Expertise.com is not involved in the confidential attorney-client relationship. Featured lawyers pay a reasonable advertising cost to market their legal services with Expertise.com and must meet similar selection criteria as other lawyers. All cases are different. Prior results do not guarantee a similar outcome.

What is the non-emergency contact number for the local police station in Meridian, Idaho?

The contact number for non-emergency situations of the Meridian Police Department is 208-888-6678.

Where can I get a copy of police reports for incidents related to my case in Meridian, Idaho?

You can obtain a copy of public records from the Meridian Police Department online by completing the request form at https://apps.meridiancity.org/PRR/GuestPRR?type=P . The City of Meridian will respond to all documents requests with an initial answer in three business days. You will be notified via email if processing your request takes longer than three business days.

What is the deadline in Meridian for filing a medical malpractice claim?

You have two years to create your medical malpractice lawsuit in Meridian in accordance with Idaho Code §5-219. The instant the alleged medical error is said to have occurred, the claim deadline begins to run out. However, Idaho permits exceptions to the usual two-year time restriction in specific situations. One illustration is the unintentional or accidental retention of any alien object inside the patient's body, such as a surgical sponge or tool.

Can the family of a Meridian patient seek compensation if the patient died as a result of medical malpractice?

Yes. In Meridian, if a patient dies as a result of medical negligence, their family may be able to start a wrongful death claim and get compensation to cover both the patient's and family's losses. Wrongful death suits frequently cover funeral expenses. Punitive damages might also be granted if the plaintiff can demonstrate that the harm was intentionally caused.

How can a Meridian medical malpractice attorney help?

A Meridian medical malpractice attorney can help with your case by: -Assisting you in determining the validity of your claims; -Collecting health information from medical establishments; -Submitting claims for evaluation to the Boise State Board of Medicine following state law; -Arranging for documents to be reviewed by highly qualified medical professionals who will testify in depositions and at trial; -Taking depositions to conduct discovery; and, -Managing trials and engaging in settlement discussions.

Would you have a medical malpractice lawsuit in Meridian if the treatment you received did not improve your condition?

No. The fact that you didn't improve as a result of the treatment you received isn't necessarily proof that medical malpractice occurred in Meridian. The question of whether your lack of recovery is the doctor's fault cannot be answered simply. The ideal response is that you should speak with a lawyer who has experience handling medical malpractice claims, as they can provide you with the direction you need to determine whether or not your case merits further investigation.

Could you be eligible for compensation if you sustained harm from fentanyl in Meridian?

Yes. You should pursue legal guidance from an experienced medical malpractice attorney in Meridian as soon as you can if a loved one you care about overdosed or passed away suddenly after using any fentanyl product. This potent narcotic's side effects can be brought on by various things, including the physician's failure to dosage the prescription properly for the patient and the manufacturer's failure to give adequate warning labels.

What does a medical malpractice lawyer do?

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Do I have a medical malpractice case?

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the provider failed to fully explain the risks before proceeding
A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
A patient is informed by their health care provider or hospital that a mistake was made

What are the chances of winning a medical malpractice lawsuit?

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Is a misdiagnosis suitable for medical malpractice?

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

As a patient, how do I choose a good medical malpractice lawyer?

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

Look at the lawyer’s website for details about their malpractice experience and knowledge.
Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

What percentage of a settlement do medical malpractice lawyers get?

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

What’s the statute of limitations on medical malpractice?

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

How do you file a medical malpractice lawsuit?

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

Contact the doctor or health care provider to discuss the injury and a solution to the situation.
File a complaint with the local medical licensing board.
Check the state’s statute of limitations for filing a malpractice claim.
Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

How does a medical malpractice lawsuit work?

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

As a healthcare provider, how do I avoid medical malpractice?

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

What Does Medical Malpractice Insurance Cover?

Attorney Mitchell Sexner overviews what medical malpractice insurance covers so that individuals can decide if they can pursu...

How Do You Prove Medical Malpractice?

Determining and proving liability in medical malpractice lawsuits, 6 steps to hiring a medical malpractice attorney, medical malpractice lawsuit timelines and outcomes: what to expect, average medical malpractice settlements [2024], medical malpractice versus medical negligence, how to file a medical malpractice lawsuit, medical malpractice cases: what to know, find top medical malpractice lawyers nearby.

Kennewick, WA
Missoula, MT

Other top picks in your area

Probate Lawyers in Meridian, ID
Car Accident Lawyers in Meridian, ID
Motorcycle Accident Lawyers in Meridian, ID
Personal Injury Lawyers in Meridian, ID

Warning: The NCBI web site requires JavaScript to function. more...

An official website of the United States government

The .gov means it's official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.

The site is secure. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

Publications
Account settings
Browse Titles

NCBI Bookshelf. A service of the National Library of Medicine, National Institutes of Health.

StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2024 Jan-.

StatPearls [Internet].

Medical error reduction and prevention.

Thomas L. Rodziewicz ; Benjamin Houseman ; Sarosh Vaqar ; John E. Hipskind .

Affiliations

Last Update: February 12, 2024 .

Continuing Education Activity

Medical errors have more recently been recognized as a serious public health problem, reported as the third leading cause of death in the US. One study reported that approximately 400,000 hospitalized patients experience some preventable harm each year, while another estimated that >200,000 patient deaths annually were due to preventable medical errors. Moreover, medical errors have a high cost, with some experts estimating adverse events costing the healthcare system $20 billion each year and others approximating healthcare costs of $35.7 to $45 billion annually for hospital-acquired infections alone. Medical errors also negatively impact the patient, their family, involved clinicians and support staff, the healthcare facility, and the community. Healthcare professionals may experience profound psychological effects (eg, anger, guilt, inadequacy, depression, and suicidal ideation) due to actual or perceived errors, which the threat of impending legal action may compound.

Uncovering the cause of these errors, as well as providing viable solutions to avoid these errors from occurring, is challenging. However, patient safety can be improved by identifying the contributing factors and events that result in medical errors, developing multifaceted prevention protocols, and implementing these strategies at various healthcare levels. Healthcare professionals should be familiar with the different types of medical errors to understand better the adverse events that may be caused. Common types of medical errors include surgical errors, diagnostic errors, medication errors, equipment failures, patient falls, hospital-acquired infections, and communication failures. By identifying the deficiencies, failures, and risk factors that lead to an adverse event, corrective measures can be developed to prevent similar errors. Encouraging individuals involved in every aspect of healthcare to report medical errors is essential to this process. Confidential reporting options are necessary to identify deficiencies or failures a system may contain. Changing workplace culture and developing protocols for addressing medical errors can encourage medical error reporting. Institutions that adopt a patient safety culture and implement corrective interventions can make healthcare safer for patients and healthcare workers. This activity for healthcare professionals is designed to enhance the learner's understanding of medical errors and the importance of corrective interventions, enabling them to reduce medical error rates and improve patient safety. The course also highlights the interprofessional team's role in performing this analysis to prevent medical errors and improve clinical outcomes.

Identify the various different types of medical errors and how they can impact patient care.
Implement strategies to help improve medical error reporting by clinical providers.
Differentiate between active and latent errors, and describe how they differ from adverse events, sentinel events, and never events.
Collaborate with an interprofessional team of clinicians, nurses, pharmacists, and education specialists to build a culture of patient safety and improve clinical outcomes.
Introduction

Medical errors have more recently been recognized as a serious public health problem, reported as the third leading cause of death in the US. [1] However, because medical errors are comprised of different types of failures (eg, diagnostic or medication errors) that can result in various outcomes (eg, near-miss, injury, or no harm), estimates of the incidence of medical errors vary widely in studies. One study reported that approximately 400,000 hospitalized patients experience some preventable harm each year, while another estimated that >200,000 patient deaths annually were due to preventable medical errors. [2] [3] [4] Moreover, the reported cost of medical errors is wide-ranging, with some experts estimating $20 billion each year and others approximating healthcare costs of $35.7 to $45 billion annually for hospital-acquired infections alone. [2] [3]

The definition of a medical error varies, making analysis via uniform objectives difficult. Furthermore, a lack of standardized terminology has hindered data assessment, synthesis, and evaluation. The Institute of Medicine (IOM) Committee on Quality of Health Care in the US, which performed the first large study on medical errors, defined a medical error as "the failure of a planned action to be completed as intended or the use of a wrong plan to achieve an aim." [5] Another definition identifies medical errors as a failure in care that may or may not result in patient harm. [6] Regardless of the definition, medical errors are associated with high morbidity, mortality, and economic burden. Moreover, they can negatively impact the patient, their family, involved clinicians and support staff, the healthcare facility, and the community. [7] Healthcare professionals may experience profound psychological effects (eg, anger, guilt, inadequacy, depression, and suicidal ideation) due to actual or perceived errors, which the threat of impending legal action may compound. Clinicians can also equate errors with failure, a breach of public trust, and patient injury despite their mandate to do no harm, which may lead to decreased clinical confidence. [8]

Some experts believe the term error is excessively antagonistic and perpetuates a blame culture. Due to the negative connotation, limited use of the term is prudent when documenting patient records; some experts suggest the term not be used at all. However, adverse events secondary to medical errors occur; therefore, simply discontinuing the word's usage will not prevent or reduce these errors. [9] Uncovering the cause of these errors, as well as providing viable solutions to avoid these errors from occurring, is challenging. Healthcare professionals should be familiar with the different types of medical errors to understand better the adverse events that may be caused.

Common types of medical errors include surgical errors, diagnostic errors, medication errors, equipment failures, patient falls, hospital-acquired infections, and communication failures. By identifying the deficiencies, failures, and risk factors that lead to an adverse event, corrective measures can be developed to prevent similar errors. Encouraging individuals involved in every aspect of healthcare to report medical errors is essential to this process. Confidential reporting options are necessary to identify deficiencies or failures a system may contain. Changing workplace culture and developing protocols for addressing medical errors can encourage medical error reporting. Institutions that adopt a patient safety culture and implement corrective interventions can make healthcare safer for patients and healthcare workers. Working together, healthcare professionals can improve patient safety by identifying the contributing factors and events that result in medical errors, developing multifaceted prevention protocols, and implementing these strategies at various healthcare levels. [10]

Patient safety has previously been outcome-dependent, focusing on preventing adverse patient outcomes. However, several studies have recognized that understanding the organizational failures that often lead to medical errors is critical to developing effective prevention strategies. To accurately identify the type of medical errors occurring, assess their prevalence, and determine potential inciting events, healthcare professionals must be familiar with the nomenclature typically utilized. [6] [11]

Active and Latent Errors

An active error is a specific event that causes patient harm and involves the healthcare professionals providing some aspect of patient care, such as operating on the wrong eye. A latent error consists of intrinsic failures within the patient care process (eg, faulty equipment, ineffective organizational structure, or poor system design). These errors may go unnoticed for a long time without adverse effects. Latent errors are typically "accidents waiting to happen." An example of a latent error is a malfunctioning ventilator machine. However, the clinician's failure to check the device before use is an active error. [1]

Medical Error

The IOM defined a medical error as the failure to complete the intended plan of action or implementation of the wrong plan to achieve an intended outcome. Other experts characterized medical errors as deviations from the standard care process that may or may not result in patient injury. Additionally, medical errors can be categorized as either errors of omission or commission. Errors of omission cause adverse events through actions not taken (eg, not strapping a patient into a wheelchair or not stabilizing a gurney before patient transfer), while errors of commission occur secondary to a direct action by a healthcare team member (eg, administering a medication to a patient with a known allergy or mislabeling a laboratory specimen with the wrong patient name. [6] [1] Subsequently, some experts define an adverse event as an act of omission or commission in medical management planning or execution that causes or can potentially cause patient harm. [6] Subtypes of medical errors include errors of communication, diagnostic errors, surgical errors, and patient suicide. [2] (Refer to the Issues of Concern section for more information on the types of medical errors.)

Adverse Event

The IOM identifies an adverse event as a patient injury resulting in disability or prolonged hospitalization caused by medical or surgical management rather than the patient's underlying condition. Adverse events can also include complications from prolonged hospitalization or factors inherent in the healthcare system. However, not all adverse outcomes are the result of a medical error. Instead, a preventable adverse event refers to a patient injury caused by a medical error. [6] [5] Preventable adverse events are further categorized into the following subgroups:

Negligent adverse event : Legal negligence is the failure of an average, qualified healthcare worker to meet the reasonably expected standard of care for a patient with similar circumstances (eg, failure to check a pathology report resulting in a missed cancer diagnosis). Similarly, a negligent adverse event refers to substandard medical or surgical management to the level that the legal criteria for negligence are met, which causes patient harm. [6] [5]
Near miss event : A medical error that could have resulted in patient harm but did not due to intervention or chance is identified as a near miss . Near misses are identical to adverse events except that a patient harm outcome does not occur. Therefore, near misses provide opportunities for developing preventive strategies and actions and should receive the same scrutiny as adverse events. [6] [1]
Potentially compensatable event : An adverse event (eg, disability and prolonged hospitalization) that could lead to malpractice claims is referred to as a potentially compensatable event. [5]
Never event : These are medical errors that should never happen (eg, the development of pressure ulcers or wrong-site surgery). [5]
Noxious episode : Diagnostic or treatment modalities that cause adverse events or complications are termed noxious episodes . For instance, sending a hemodynamically unstable trauma patient for prolonged imaging studies instead of the operating room, resulting in traumatic arrest and death. [5]

Analyzing Root Causes and Sentinel Events

A deficiency or decision that, if corrected or avoided, would eliminate the adverse event is referred to as a root cause . Several factors may often contribute to a preventable outcome of patient harm. The most common types of root causes include human error (eg, deficiencies in education, incomplete assessments, misdiagnosis), communication issues (eg, failure to disclose problems, inadequate patient counseling, failure to obtain informed consent), and organizational process deficiencies (eg, inadequate methods of identifying patients, equipment failures, lack of organizational protocols, or poor staffing and supervision). [12] [13]

Furthermore, a sentinel event is defined by the Joint Commission as any unexpected adverse event "involving death, serious physical or psychological injury, or the risk thereof. The phrase 'or the risk thereof' includes any process variation for which a recurrence would carry a significant chance of a serious adverse outcome." Sentinel events indicate the need for an immediate investigation to discover the cause and develop corrective measures. Moreover, the Joint Commission reviews all sentinel events that have resulted in unexpected mortality, significant permanent harm, or severe, temporary harm requiring intervention to sustain life, which they require all member healthcare agencies to report. [14] Sentinel events include:

Patient abduction
Unanticipated death of a full-term infant or any intrapartum maternal death
Discharge of a child to the wrong family
Hemolytic transfusion reaction involving administration of blood or blood products with significant incompatibilities
Procedures on the wrong patient or at the wrong site
Rape, assault, or homicide of any patient receiving care
Severe maternal morbidity resulting in permanent harm or severe, temporary harm
Severe hyperbilirubinemia in a neonate greater than 30 milligrams/deciliter
The suicide of any patient receiving care in a staffed-around-the-clock care setting within 72 hours of discharge
Unintended retention of a foreign object in a patient during surgery

The most commonly utilized methods of evaluating and assessing factors that led to a sentinel event or a medical error include root cause analysis and failure mode effect analysis. These investigations are essential to identify active and latent errors and develop prevention strategies. [15]

Root cause analysis : Root cause analysis (RCA) identifies the causative factors contributing to adverse and sentinel events. [13] [15] The Joint Commission requires healthcare institutions to do a root cause investigation after sentinel events to discover the causative and contributing factors that resulted in a sentinel event. Identifying these factors helps prevent repeated errors by constructing an improvement action plan. Members of the RCA team focus primarily on systems and processes, not individual actions. [13] For instance, when a hospital conducts a root cause investigation of a patient allergic to erythromycin who developed an acute anaphylaxis reaction after being prescribed azithromycin, an action plan to educate the entire medical staff on drug-drug interactions and similarities may be developed. Furthermore, an electronic medical record "stop alert" may be implemented to prevent this error from reoccurring. The Joint Commission is then provided this report, which is aggregated with all other RCA reports, and a risk-reduction strategy is published in the "Sentinel Event Alert" newsletter. Healthcare agencies failing to perform an RCA are placed on an "accreditation watch" by the Joint Commission, a public disclosure that a sentinel event occurred without completing an acceptable action plan. When a sentinel event threatens patient health and safety, the Joint Commission conducts onsite reviews. [13]
Failure mode effect analysis : Failure mode effect analysis fosters safety and the prevention of accidents by proactively identifying potential or actual failures and their effects. Failure mode effect analysis engages in continual quality improvement processes and corrects areas where an error has occurred or is likely. The primary goal of failure mode effect analysis is to build redundancies to serve as multiple safety nets that prevent errors. [16]
Issues of Concern

Types of Medical Errors

Healthcare professionals should be familiar with the different types of medical errors to understand better the adverse events that may be caused. By identifying the deficiencies, failures, and risk factors that lead to an adverse event, corrective measures can be developed to prevent similar errors in the future. Subsequently, individuals involved in every aspect of healthcare can help implement appropriate preventative strategies to reduce future medical errors and improve patient safety. [15] Common types of medical errors being studied include surgical errors, diagnostic errors, medication errors, equipment failures, patient falls, hospital-acquired infections, and communication failures. [3] [12]

Surgical Errors

Errors in surgery have the highest risk of severe patient injury and death. Intraoperative errors are estimated to be the primary issue in 75% of malpractice cases involving surgeons. Surgical errors involving the wrong site, patient, or procedure should never occur. Investigations into the factors that led to these types of surgical errors have demonstrated that common causes include clinician factors (eg, feeling rushed, distractions, and fatigue), miscommunication, changing or inadequate staffing, organizational factors (eg, discarding specimens as waste and not labeling specimens), medical record issues, and cognitive errors. [17]

Prevention measures have frequently consisted of adopting checklists, counting instruments, initiating antibiotic prophylaxis for deep vein thrombosis, and utilizing radio-frequency marked sponges. [3] Additionally, the performance of a surgical time-out has become a widespread strategy to reduce surgical errors. A time-out is a pause before a surgical procedure begins. The surgical team pauses and reviews the patient's identity, the consent form, the procedure being performed, and the correct anatomical structures and side involved, which should be marked on the patient's skin. If multiple procedures by separate surgical teams are planned, separate time-outs must be done. Surgeons and every surgical team member involved in the procedure must be present during the time-out, and any disagreement during the time-out should trigger an investigation by the surgical team until the discrepancy is resolved. [18]

Diagnostic Errors

The National Academy of Medicine defines a diagnostic error as "the failure to establish an accurate and timely explanation of a patient's health problems or to communicate that explanation to the patient," therefore, delayed or missed diagnoses are considered errors as well. [19] According to the Joint Commission, diagnostic errors result in the death or injury of 40,000 to 80,000 patients annually. Diagnostic errors are most common in primary care solo practices due to workload, time constraints, and the inability to confer easily with colleagues. [20] One study estimated that 12 million patients in the US had a diagnostic error made during their care, with 33% of those errors resulting in patient injury. [21] Conversely, patients seen in teaching medical institutions have many clinicians (eg, attendings, residents, fellows, and medical students), decreasing the chance of diagnostic error. [22] Diagnostic errors cause adverse events for approximately 5% of outpatients and 17% of hospitalized patients. [1] [20]

Malignancies, surgical complications, and neurological, cardiac, and urological issues are the 5 conditions most frequently misdiagnosed. [23] [24] [21] According to studies, these conditions are frequently misdiagnosed secondary to knowledge gaps, resulting in deficient bedside assessment and clinical reasoning. Identifying these commonly misdiagnosed conditions is beneficial, as diagnostic errors are primarily cognitive rather than organization-based errors; therefore, clinicians can be forewarned of the potential challenges when caring for these patients. [25] In addition to a clinical knowledge deficiency, common contributing factors to diagnostic error include a clinician's fatigue, distraction, failure to consider differential diagnoses, neglect of diagnostic testing follow-up, and inadequate patient follow-up care. [1] [20]

Reducing diagnostic errors requires a comprehensive approach that implements various strategies due to the many factors that can lead to these errors. System-based safety checks and cognitive aids are often recommended as interventions to help prevent diagnostic errors. Cognitive aids include algorithms to help guide decision-making based on accepted guidelines, "trigger tools" within electronic health records that remind clinicians to consider differential diagnoses for commonly misdiagnosed conditions, and checklists to prevent the omission of critical steps. [1] [26] The use of cognitive aids and trigger tools has been shown to decrease the rate of misdiagnoses in recent studies. [26] Addressing deficiencies through various other strategies (eg, device-based decision support, simulation-based training, and increased specialist utilization) may also help reduce diagnostic errors. [21] Though ingrained practice methods and physician overconfidence can attenuate the success of these interventions, fostering critical thinking and promoting "pause and reflect" methods have been found to help avert diagnostic errors, especially in cases with obscure clinical findings or unexpected clinical trajectories. [27] [25] Aside from encouraging critical thinking, opportunities for case discussions and second opinions should be made available for the treating providers. Healthcare facilities should also provide avenues for second opinions or interdisciplinary teams where cases can be discussed. [27] Other interventions to reduce diagnostic errors of commonly misdiagnosed conditions include simulation-based training, performance feedback, and encouraging the contributions of nurses, pharmacists, and other health professionals during patient care. [21]

Medication Errors

Because there are several components involved with patient medications (eg, prescribing, dispensing, dosing, and administering), errors can occur in any of those areas. However, many medication errors are considered preventable. [28] Common medication errors include overriding medication-use safeguards, mistakenly administering a similar-sounding medication, or using out-of-date medications. System changes that can help decrease medication errors include computerized provider order entry (CPOE), barcoding systems to identify patients and medications, standardized units of measure, weight-based dosing, and having a pharmacist available to assist with calculating the correct dose. Furthermore, rechecking medication names and dosing before administration is critical to avoid preventable medication errors. [1] [3]

Barcode administration and handheld personal digital assistants increase medication administration safety by providing real-time patient information, medication profiles, laboratory values, drug information, and documentation. Moreover, electronic medication administration helps identify incorrect medications and orders that have been canceled or modified. However, circumventing barcode procedures decreases safety at the point of care. Automatic dispensing systems that quickly make drugs available to patients allow pharmacy clinicians to engage in other safety activities, such as medication reconciliation. Additionally, look-alike medications should be stored away from more dangerous medications. Hospitals can also standardize storage areas and avoid medication containers that have a similar appearance. Pharmacy clinicians should remove dangerous medications from floor stock and discard out-of-date drugs as a preventative measure. Other strategies include using color-coded intravenous lines, utilizing standard concentrations of vasoactive agents, labeling syringes immediately after preparation, and capitalizing the differences on the labels of medications with similar names. [1] [3]

Device and Equipment Errors

Health professionals generally believe technology will improve healthcare efficiency, lower cost, increase quality, and promote safety; however, these same technologies may also introduce errors and adverse events. Millions of healthcare providers use approximately 5000 types of medical devices worldwide, so device-related errors are inevitable. Medical equipment design flaws, mishandling, user error, and malfunction are common causes of medical errors. Additionally, a significant number of medical devices have been implanted in patients (eg, pacemakers, defibrillators, and nerve and brain stimulators), which may malfunction and result in life-threatening complications. Equipment errors can be due to device differences between manufacturers, inadequate testing and maintenance, poor design, and poor maintenance. Errors involving tube and catheter connections (eg, using catheters for unintended purposes, running the wrong line through a pump, and misplacing feeding tubes into the lung) are also common. These adverse events can have life-threatening effects if a misconnection is not corrected early. [29] [30] To complicate the situation further, medications and food supplements are often delivered via these routes, and placement errors can result in administration or omission mistakes.

Health professionals should be involved in setting and evaluating institutional, organizational, and public technology-related policies. Safety primarily can be improved by developing protocols for equipment maintenance, training, monitoring, and reporting adverse events related to technology. Additionally, clinicians should be educated in remaining vigilant despite clinical assistance by devices and able to manage equipment failure situations. [31] Unique connectors for anesthesia catheters and feeding tubes can be used to reduce the chances of tubing misconnections. [32] Furthermore, clinicians and support staff should always trace lines back to the origin before connecting or disconnecting devices or starting infusions and labeling high-risk catheters. [29] [30]

Hospital-Acquired Infection

Healthcare-related infections are considered a failure of the system. As many as 1 in 20 hospitalized patients may acquire a healthcare-related infection, increasing complications and the length and cost of the hospital stay. Healthcare-related infections add close to $35 billion to the annual cost of healthcare in the United States. [33] Common causes of hospital-acquired infections include failure to practice basic hand hygiene and poor technique in placing indwelling urinary and vascular catheters. Subsequently, the most prevalent infections are catheter-associated urinary tract infections, surgical site infections, hospital-acquired pneumonia, central line-associated sepsis, and care-related skin and soft tissue infections. [33]

Changing the behaviors of healthcare team members is effective in reducing iatrogenic infections. Hand hygiene campaigns have been shown to decrease the number of nosocomial infection rates for various infections and should be universally endorsed. [34] Most healthcare facilities now employ specific protocols for minimizing central venous and urinary catheter use and using protective measures such as chlorhexidine for vascular catheter site care to reduce the incidence of healthcare-associated bloodstream infections, ventilator-associated pneumonia, and catheter-associated urinary tract infections. [3] Minimizing the duration of use of indwelling catheters has also effectively reduced the incidence of associated infections. [34] [3]

To decrease the risk of nosocomial infections, pharmacy-driven antibiotic stewardship programs should be regularly employed in all patients admitted to a healthcare facility. [35] Frequent skin assessment and evaluation by wound care teams with regular and focused nursing education and evidence-based treatments should be routinely employed to lower healthcare-associated pressure injuries. [36] The care of surgical sites should follow similar protocols, with some studies proposing chlorhexidine-impregnated dressings to decrease the incidence of surgical site infections. [3]

Each year, over one-third of people older than 65 suffer a fall, with one-third of these causing injury. [37] In a healthcare setting, several factors may further increase the risk of falls, including:

Medication side effects
Post-anesthesia effects, such as diminished lower-body sensation
Decreased blood sugar
Altered mental status
Decreased strength or balance
Advanced age
Mobility impairment
Inadequate staffing
Increased proportion of new nursing staff [38]

Instituting fall prevention protocols in hospitals and long-term care facilities has significantly reduced these errors. Studies have shown that fall risk assessments using standardized scales such as the Morse fall scale can decrease patient falls. [3] Institutional interventions such as staff education, patient mobility training with rehabilitation professionals, and nutritionist support have also been shown to reduce patient falls. Other strategies include identifying patients at high risk for falls, providing patient safety companions, educating caregivers about fall prevention, and setting bed alarms and frequent safety rounds for all high-risk patients. [3]

Communication

Optimal interprofessional communication, as well as with patients, is essential for patient care. Therefore, communication errors commonly result in adverse events. [39] Reasons for impaired communication include disruptive patient behavior, environmental distractions (eg, cell phones and pagers), cultural differences, hierarchy issues, personality differences, language barriers, and socioeconomic variables, such as education and literacy. [1]

A courteous and respectful workplace where the interprofessional team collaborates promotes a safe work environment for all healthcare team members, families, and patients. Risk management committees and interprofessional task forces should work collaboratively on risk assessment and reduction. Joint education programs help providers and support staff learn roles and develop relationships to improve safety. The Joint Commission's Safety Goals require that for critical test results and verbal or telephone orders, a "read-back" verbatim to the practitioner by the person receiving and recording the result or order. The practitioner should then verbally acknowledge the accuracy of the order. [1]

Additionally, healthcare staff should avoid common errors in written communication, such as using nonstandard abbreviations, illegible handwriting, failure to question inappropriately written orders, and failure to complete correct specimen labeling. Therefore, staff should be encouraged to ask questions when uncertain and trained to double-check that the patient's name is spelled correctly and their correct date of birth is present. The Joint Commission requires healthcare professionals to use 2 or more patient identifiers when labeling, delivering, and maintaining specimens. Since this is a National Patient Safety Goal, The Joint Commission closely monitors healthcare institutions' adherence to this requirement as they prepare medications and transfusions and transfer patients from unit to unit. [1]

Clinicians should also follow well-communicated protocols that guide care and communication with patients. Providers should listen to patients' questions concerning how care is delivered. Concerns must be respected and accepted if care plans contradict established evidence-based medicine. Moreover, the Joint Commission has supported "speak up" initiatives, which encourage hospitals to inform patients about the importance of their contributions to the care they receive in preventing medical errors. To make patients active participants in avoiding medical errors, encourage patients to ask about unfamiliar tests, unplanned diagnostic tests, and medications and to verify the correct surgical site. [1] Implementing standardized clinician-family communication at the patient bedside with family engagement and bidirectional communication also decreased the frequency of harmful medical errors and positively impacted the family experience. [40]

Communication errors during patient hand-offs can occur when incorrect information is passed to the receiving clinician or pertinent information is omitted. [41] Several techniques developed to minimize errors when handing off patients include using electronic records and mnemonics (eg, situation, background, assessment, and recommendation [SBAR]) to address all pertinent information. [42] [43] The SBAR tool is considered a best-practice communication technique to deliver information in an organized and logical fashion during hand-off and critical patient care situations. [43]

The US's National Academies of Sciences, Engineering, and Medicine also recommend that these hand-offs occur in real-time and allow the opportunity to ask and respond to questions regarding pertinent facts about patient care. [44] This principle should be used when discharging patients from the hospital as well. Clinicians should remember to perform a final bedside evaluation and review discharge instructions before sending any patient home, including giving the patient a thorough written follow-up plan, counseling on new medications, and instruction to return to the hospital or office for new or worsening symptoms.

Clinical Significance

Medical error is a common cause of injury or death in the United States. Health professionals work hard to save countless lives; however, the incidence of concomitant error is high. All health professions should be focused on the effort to "do no harm" and work towards decreasing human and system errors. Most medical errors do not occur solely as the result of one practitioner or a group of practitioners; most are due to systems or process failures that lead to mistakes such as keeping dangerous and routine medications together without pharmacist supervision or cost-control measures that increase workload and the rate of medical errors.

Errors can be prevented by modifying processes to make performing incorrect actions more difficult, such as utilizing electronic systems for various aspects of patient care. However, system and process changes can not be made unless problems are identified. Through reporting protocols, medical error pattern recognition, root cause analysis, and outcome monitoring can be performed to address institutional deficiencies. [1] However, healthcare professionals may be reluctant to report errors due to fear of punishment or legal consequences. While individuals need to be held accountable for individual mistakes, the system and culture must be revised so that reporting errors leads to system improvement, not individual punishment. [45]

The greatest good for the greatest number of patients is achieved when processes are constantly focused on quality improvement and avoiding repetition of the same error. While they desire increased patient safety, healthcare professionals and other staff may fear reporting an incident may result in disciplinary action, including losing their jobs. Though failing to report medical errors contributes to the likelihood of severe patient harm, many healthcare institutions have rigid policies that create an adversarial environment. This can cause staff to be hesitant to report errors, minimize problems, or fail to document problematic issues, contributing to an evolving cycle of medical errors and eventually tarnishing a healthcare institution's reputation. [8]

Therefore, an essential first step in reducing medical errors is encouraging reporting by removing any reporting barriers so that adverse events and near misses are identified. The most common barrier to medical error reporting is a fear of consequences. [46] Implementation of confidential reporting options is critical to the success of a reporting system to overcome any hesitancy an individual may have. [1] Furthermore, changing workplace culture, in addition to developing protocols for addressing medical errors, can encourage medical error reporting. Adopting a patient safety culture, where clinicians are empowered and rewarded for identifying medical errors that could lead to patient harm, has been shown to overcome the fear of consequences. Consequently, patient safety is improved by institutional cultures that incorporate both training and improvement efforts that target system redesign and an environment where individuals feel safe from retribution. All individuals on the healthcare team must play a role in making healthcare safer for patients and healthcare workers. [47]

Enhancing Healthcare Team Outcomes

Medical errors are a significant concern for patient safety in the healthcare industry. Healthcare professionals and policymakers can reduce medical errors by focusing on clinical education and implementing healthcare protocols that deter common mistakes. [48] Unintentional medical errors will likely always occur. However, the risk of medical errors may be significantly reduced by encouraging error reporting, standardized communication systems, electronic data and order entry, medication reconciliations, and error prevention clinical care protocols.

Physicians, advanced practitioners, nurses, pharmacists, surgical and pharmacy technicians, and other healthcare team members must work together to identify deficiencies resulting in medical errors and implement preventative strategies. Interventions such as surgical checklists, medication reconciliation, and confirmation of verbal orders are only effective when these individual team members contribute towards improving patient safety. Furthermore, each healthcare professional is responsible for patient monitoring and creating an environment that encourages effective communication to help minimize clinical errors. Moreover, accreditation agencies and training programs must continually focus on improving patient safety and teach ways to reduce common medical errors. A collaborative interprofessional team of these agencies, clinicians, and administrators can identify inherent system and process deficiencies and develop corrective measures to reduce the incidence of medical errors in the healthcare industry.

Nursing, Allied Health, and Interprofessional Team Interventions

To effectively decrease medical error rates and keep their patients safe, healthcare organizations must restructure nursing work environments, particularly hospitals and long-term care facilities. Inadequate working environments, excess duty hours, and high workloads can lead to missed nursing care and an increased risk of adverse events. [49] According to the Institute of Medicine (IOM), fatigue during shift work increases error rates and must be addressed to improve patient safety. [50] They propose the following recommendations to combat nursing fatigue during shift work:

Avoid scheduling prolonged periods of wakefulness. Extended shift hours with >17 hours of wakefulness can negatively impact task performance, equivalent to the legal limit of alcohol intoxication.
Avoid scheduling more than 4 consecutive 12-hour shifts.
Avoid short off-duty periods. Off-duty periods of <8 hours can result in excessive fatigue during the following shift.
Avoid extending duty hours beyond what was previously scheduled for the day.

According to the IOM report, these interventions are meant to guide scheduling and are not absolutes for working hours. Furthermore, the IOM stated that the overall error rate by nurses was approximately 0.00336 errors per hour worked, which was not significantly increased by working overtime, working longer than scheduled on a given day, or working extra shifts unless the shift duration exceeded 12 consecutive hours. [50] When shift durations were >12 hours, a substantial increase in error rate was noted even if the shift was voluntarily scheduled. Subsequently, the IOM called for legislative and regulatory bodies to prohibit nursing staff from providing patient care above 12 hours in any given 24-hour period under any circumstance. The IOM also recommended limiting direct patient care nursing to 60 hours every 7 days. [50]

Other interventions recommended by the IOM focus on establishing a work environment that allows for easy monitoring of patients, limits interruptions, and minimizes clerical tasks. Special education and training should be provided for error-prone tasks such as medication administration, patient hand-offs, and supervising trainees. [50] The latter is essential to promote an ongoing culture of patient safety and error-free medication administration. A recent study surveying nursing students regarding their perception of medical errors committed during direct patient care reported that "less knowledge" about the task or procedure and "lack of supervision" were the primary causes of medical errors they committed during training. [51]

An overall commitment to patient safety at the organizational level greatly influences a nurse's adherence to and compliance with patient safety principles. Creating an organizational patient-safety climate, managing workload, reducing time pressure, and providing education for improving knowledge and skills enhances their adherence to patient-safety principles. [52] Close monitoring for medical errors, near misses, and nurse fatigue should follow the implementation of patient safety interventions, as nonpunitive, focused, and effective feedback can improve patient safety adherence and clinical outcomes. [49]

Additionally, emphasis should be given to individuals who require personal motivation, resist change, or are averse to innovation. These individuals need empowerment and a nonjudgmental approach in their training toward patient safety practices. Improving knowledge regarding patient care tasks and the breadth of medical errors that can be prevented with adherence to patient safety principles has been shown to enhance their commitment to patient safety. [52]

Review Questions
Access free multiple choice questions on this topic.
Comment on this article.

Disclosure: Thomas Rodziewicz declares no relevant financial relationships with ineligible companies.

Disclosure: Benjamin Houseman declares no relevant financial relationships with ineligible companies.

Disclosure: Sarosh Vaqar declares no relevant financial relationships with ineligible companies.

Disclosure: John Hipskind declares no relevant financial relationships with ineligible companies.

This book is distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) ( http://creativecommons.org/licenses/by-nc-nd/4.0/ ), which permits others to distribute the work, provided that the article is not altered or used commercially. You are not required to obtain permission to distribute this article, provided that you credit the author and journal.

Cite this Page Rodziewicz TL, Houseman B, Vaqar S, et al. Medical Error Reduction and Prevention. [Updated 2024 Feb 12]. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2024 Jan-.

In this Page

Bulk download.

Bulk download StatPearls data from FTP

Related information

PMC PubMed Central citations
PubMed Links to PubMed

Recent Activity

Medical Error Reduction and Prevention - StatPearls Medical Error Reduction and Prevention - StatPearls

Your browsing activity is empty.

Activity recording is turned off.

Turn recording back on

Connect with NLM

National Library of Medicine 8600 Rockville Pike Bethesda, MD 20894

Web Policies FOIA HHS Vulnerability Disclosure

Help Accessibility Careers

List Your Law Firm
Contact HG.org

Moscow, Russia Medical Malpractice Lawyers and Law Firms

Find a Law Firm:

Moscow Legal

Medical malpractice lawyers in moscow, russia.

"Moscow legal" is a law company providing a large scale of services in the areas of civil and criminal law. Our lawyers specialise in areas such as: business disputes, private family matters and also all criminal cases, including economy, taxation, fraud.

EMPP is a full-service law firm located in Moscow, Russia that offers a variety of legal services to local and international individuals and large corporations. Practice areas include corporate law, mergers & acquisitions (M&A), contracts, banking and finance, compliance, capital markets,...

IMAGES

Medical Negligence and Malpractice in Nursing
📗 Free Essay Sample about Malpractice Cases in Healthcare
Malpractice in the Medical Field Research Paper
Medical Malpractice
Medical Negligence and Malpractice in Nursing
Medical Negligence and Its Basic Characteristics

VIDEO

Medical Malpractice, and Obstruction of Justice and no telling what else
Let’s explain the Medical Malpractice with Helpy
Malpractice
Medical malpractice on airplanes for patients with liver disease.#movie #viral #shorts
What is Medical Malpractice? #lawyer #brandonpricecrum #theseriouslawyer #shorts #medicalmalpractice
Medical Malpractice Lawsuit Waiting to Happen

COMMENTS

Medical Malpractice Essay
Medical malpractice is defined as "improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional" (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims.
Medical negligence in healthcare organizations and its impact on
Medical negligence (also known as medical malpractice, medical errors, tort system) is an increasing public health concern among healthcare providers worldwide. The most comprehensive definition is "an act of omission or commission in planning or execution that contributes or could contribute to an unintended result" ( Grober & Bohnen, 2005 ...
Medical Malpractice: Examples, Criteria, Steps to File
Terms used in medical malpractice claims can include: Negligence: The failure to behave with the same level of care that a reasonable person would give in the same circumstances. Statute of limitations: This is the length of time that can pass before a person can no longer file a claim. For medical malpractice, it is typically two to three years in the United States.
An Introduction to Medical Malpractice in the United States
A medical malpractice lawsuit in United States is initiated by filing a summons, claim form, or complaint; these legal documents are called the pleadings. Pleadings set forth the alleged wrongs committed by the defendant physician with a demand for relief. In some jurisdictions, the legal action is initiated by service of legal process by ...
Medical Malpractice
(Medical Malpractice) Introduction. This essay will critically examine the approach in which claimants are being cared for and the manner in which resources of healthcare are utilised to assess the degree in considering on the extent of reform which the law on medical negligence needs. This essay will firstly analyse the existing law of medical ...
Medical Malpractice: Causes, Consequences, and Legal Remedies
Conclusion. Medical malpractice remains a pressing issue that necessitates urgent attention and action. By understanding its causes, recognizing its consequences, and implementing effective legal remedies and prevention strategies, the healthcare industry can work towards minimizing the incidence of malpractice and improving patient outcomes.
Medical Negligence and Malpractice in Nurses Essay
Main body. Medical negligence and malpractice are similar concepts in essence since they entail harmful or even fatal consequences for people. Nevertheless, they are based on the different actions of nurses as negligence is caused by heedlessness or carelessness, but malpractice is deliberate indifference to the safety and health of the patient (Pozgar, 2020).
Medical Negligence and Its Basic Characteristics Essay
Medical Negligence and Its Basic Characteristics Essay. Medical negligence may be regarded as substandard health care provided by a clinician that directly causes a patient's physical, emotional, or financial damages. It involves various unprofessionally handled activities that lead to tortious claims and even criminal liabilities.
Medical Malpractice: Accountability, Patient Safety, and Legal
Medical malpractice is a critical issue that raises questions about patient safety, healthcare quality, and legal responsibility.When healthcare providers fail to meet the standard of care expected in their profession, the consequences can be severe and far-reaching.
Medical malpractice Essays
Argumentative Essay On Medical Malpractice 1414 Words | 6 Pages "Medical malpractice claims and lawsuits deal with Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. Negligence is the predominant theory of liability concerning allegations of medical ...
Medical Malpractice
In the United States, a patient may allege medical malpractice against a clinician, typically defined by the failure to provide the degree of care another clinician in the same position with the same credentials would have performed, resulting in injury to the patient. Even with substantial tort reform surrounding the topic of medical practice, the AMA states that 1 in 3 clinicians are sued at ...
What is Medical Malpractice?
Patients rely on medical professionals to ensure their physical well-being. However, there have been several instances where a physician or other medical professional acted negligently, resulting in injuries. According to research, medical errors account for around 251,000 deaths annually in the United States. The victims of medical malpractice are entitled to legal rights in pursuing
Medical Errors and Malpractices
Introduction. Medical errors, malpractices and improper billings are common in the medical field. The patient who is subjected for medical malpractices can approach the court in support of some of the theories in relation to medical setting. This paper analyses a case of such legal proceedings in the first part, presenting the facts of the case ...
Medical Malpractice and Reform
Medical Malpractice is a complex law suit. It begins with an accident and then blame. Tort law has requirements. There are four elements required to a bring a malpractice suit to court. There must be a duty, and a breach. The duty must have caused the injury and then there must be damages.
Essay On Medical Malpractice
Essay On Medical Malpractice. 1449 Words6 Pages. MEDICAL NEGLIGENCE. "No doctor knows everything. There 's a reason why it 's called "practising" medicine.". - Anonymous. To err is human. Though patients see the doctors as God and believe that their disease will be cured and they will be healed by the treatment but sometimes even the ...
Medical Malpractice Essays (Examples)
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more. Get Started Now. At paperdue.com, we provide students the tools they need to streamline their studying, researching, and writing tasks. [email protected].
Medical Malpractice Essay Examples
Stuck on your essay? Browse essays about Medical Malpractice and find inspiration. Learn by example and become a better writer with Kibin's suite of essay help services.
The Differences Between Medical Malpractice and Negligence
The bottom line. Medical malpractice and medical negligence are close in definition, but they're each unique. Medical malpractice is when a healthcare professional is aware of the possible consequences before making a mistake that led to an injury. Medical negligence is when a healthcare professional makes an honest mistake that leads to an ...
Medical Malpractice Lawsuit
Medical Malpractice Is Common. Medical malpractice occurs far too often. A recent report from Johns Hopkins Medicine estimates as many as 250,000 Americans die each year from preventable medical mistakes, making it the fourth-leading cause of death in the United States.. If you believe that you are a victim of medical malpractice, you may be able to file a medical malpractice lawsuit as a way ...
Medical Malpractice Lawsuit Process: What You Need To Know
In medical malpractice cases, you must follow the procedure outlined in Statute 600.2912b. Our team ensures your claim meets the following requirements: Notice of intent. We notify the healthcare provider or facility before we file the lawsuit—182 days as required. This notice explains what went wrong in your care, how it should have been ...
5 Best Meridian, ID Medical Malpractice Lawyers
Patrick Mahoney, the principal lawyer of Mahony Law, PLLC, is a medical malpractice attorney in Meridian. He provides legal consultation and representation for injured clients and their families involved in various medical errors. These include orthopedic and neurological, emergency room, clinic and family practice, and obstetrical malpractices.
Medical Error Reduction and Prevention
Medical errors have more recently been recognized as a serious public health problem, reported as the third leading cause of death in the US.[1] However, because medical errors are comprised of different types of failures (eg, diagnostic or medication errors) that can result in various outcomes (eg, near-miss, injury, or no harm), estimates of the incidence of medical errors vary widely in ...
Moscow, Russia Medical Malpractice Lawyers and Law Firms
Medical Malpractice Lawyers in Moscow, Russia. EMPP is a full-service law firm located in Moscow, Russia that offers a variety of legal services to local and international individuals and large corporations. Practice areas include corporate law, mergers & acquisitions (M&A), contracts, banking and finance, compliance, capital markets,...

Defining Medical Malpractice: How to Take Legal Action

Examples of Medical Malpractice

Legal Jargon and Meanings

Responsible Parties in Medical Lawsuits

How to Find Out if a Provider Has Malpractice Complaints

Medical Malpractice Qualifications

What Part of Medical Malpractice Is the Most Difficult to Prove?

How to Initiate a Medical Malpractice Case

Gathering Information

Medical Malpractice Compensation

Medical Malpractice: Accountability, Patient Safety, and Legal Implications

Table of contents

Cite this Essay

Related Essays

Still can’t find what you need?

Related Essays on Patient

Related Topics

Get Your Personalized Essay in 3 Hours or Less!

1.888.625.6265

Friday, November 24, 2023

Types of Medical Malpractice

Misdiagnosis or Delayed Diagnosis

Surgical Errors

Medication Errors

Birth Injuries

Anesthesia Errors

How To Prove Liability in a Medical Malpractice Case

Establishing the Standard of Care

Demonstrating Deviation from the Standard

Establishing Causation

Documenting Damages

Who is at Fault for the Medical Malpractice?

Individual Healthcare Professionals

Medical Institutions

Pharmaceutical Companies

Medical Device Manufacturers

Do Victims of Medical Malpractice Have Rights?

Medical Malpractice Lawsuits Are Tough To Win

Specialized Knowledge and Experience

Diversity of Medical Practices

Constant Evolution of Medical Knowledge

Defensive Medicine Practices

Subjectivity in Medical Decisions

Legal Protections

Let a Chicago Medical Malpractice Attorney Handle Your Case

Steve Malman

Wrongful Death

Medical Malpractice

What’s your case worth? Submit for a free case review

They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.

I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone th...

I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed th...

I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explain...

Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great ...

They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars...

I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask ...

Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated &am...

Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in nee...

I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 10...

Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation pr...

Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman ...

Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daught...

A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of every...

Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlemen...

This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone ...

Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.

Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly rec...

Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and tha...

Malman Law goes above and beyond handling your legal injury case needs. From the first appointment through to the ending verdict my sister and brother in law were very ...

I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never fe...

Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hea...

Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and grea...

So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Ma...

I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns....

My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the ...

$10 Million

Related Blog Posts

Medical Errors and Malpractices Essay

Introduction

Medical Malpractice Lawsuit