Medical Malpractice FAQ

Questions:

• What kinds of mistakes can amount to medical malpractice?
• What kinds of damages (money awards) are available to the plainitff in a medical malpractice lawsuit?
• If I had known the risks associated with my surgery, I wouldn't have agreed to the procedure. Can I sue my doctor?
• If my doctor makes a mistake while treating me in a hospital, can I sue the hospital?
• I was injured because a nurse gave me the wrong drug. Who can I sue?
• I've been hearing a lot about medical malpractice reform lately. What are the key arguments for and against reform?
• What are some proposals for reforming medical malpractice law?

Answer:

What kinds of mistakes can amount to medical malpractice?

Medical malpractice occurs when a patient is harmed because a doctor (or other medical professional) failed to perform competently under accepted standards of medical care. In order to prove medical malpractice, it must be shown that the doctor was negligent in some way -- that is, not reasonably skillful and careful in treating the patient. A doctor's negligence might be established by proof that the doctor:

• failed to diagnose (or misdiagnosed) an illness or condition
• did not follow proper medical procedure in treating a patient, or
• forgot to warn a patient of known risks of a procedure or prescription drug.

There are other elements that must be established in a medical malpractice claim -- including the existence of a doctor-patient relationship and damages linked to a resulting injury. To learn more about medical malpractice claims (including what types of actions constitute malpractice), see Nolo's article Medical Malpractice Basics.