- Lack of understanding your medical history.
- Surgical errors.
- Inaccurately prescribed pills.
- Faulty notes about your medical condition passing from one doctor or nurse to another.
These factors, along with many others, can cause miscommunication between patient and doctor which leads to medical malpractice.
Along with car accidents, medical malpractice accounts for the majority of the personal injury claims that are filed in the United States. If you think that you have been a victim of medical malpractice, you should be proactive and get help now.
What is Medical Malpractice?
Each time you visit a doctor, you should receive a basic medical standard of care. This medical standard of care should be followed by all doctors to ensure consistent, satisfactory medical assistance. A failure to follow common standards can result in injury. If this is the case, you will be the victim of medical malpractice.
The Locality Rule
The locality rule is one rule that doctors across the nation must follow if they want to abide by the medical standard of care. This rule asks all doctors to use the same skill and care that other doctors in the same area use. If your doctor fails to treat you according to the norm, you can use the locality rule in your medical malpractice lawsuit.
Respectable Minority Rule
Another rule that doctors and surgeons must follow is the respectable minority rule. This rule states that even if a doctor fails to use a practice that the majority of doctors in the area or the nation use, or if the doctor uses a practice that is not commonly used, he or she will be guilty of medical malpractice unless a respectable minority use the same practice. If a doctor can prove that he or she used methods also used by a respectable minority, he or she might not be found guilty of medical malpractice. In order to counter this argument, you need a good personal injury lawyer to represent you and help you prove that the practice was not common enough to be considered respectable.
Proving Medical Malpractice
In order to prove medical malpractice, you have to establish two facts: that the doctor failed to follow the medical standard of care, and that this action resulted in an injury.
You can prove that the doctor violated the common standard of care by pointing out how he or she failed to follow common procedure. A few ways to establish fault on the part of the doctor are:
- Showing that the doctor did not adequately understand your medical history.
- Proving that the doctor, nurse, or pharmacist made an error when determining your prescription or dosage for your prescription.
- Explaining that the doctor did not go over your treatment options with you, while explaining the risks and rewards of each.
- Establishing that an error occurred during surgery, such as a surgeon leaving medical equipment in your body.
- Showing that the doctor did not obtain your consent to proceed with a treatment plan.
- Using expert testimony from another doctor or medical expert to show that common procedure was violated.
The State of Connecticut offers compensation for economic and non-economic injuries sustained by a victim of medical malpractice. As the name suggests, economic damages include quantifiable costs that you had to pay for as a result of the medical malpractice. Some examples of economic damages include the cost of:
- CAT scans.
- Corrective surgery.
- Physical therapy.
- Additional doctor appointments.
- Loss of income due to your injury.
- Medical Equipment.
Non-economic damages, on the other hand, represent the intangible damages that you have encountered. These might include:
- Pain and Suffering.
- Emotional Suffering.