When an injury occurs to a patient due to improper conduct by a health care provider, it is termed medical malpractice.

Thousands of deaths and injuries occur every year due to medical malpractice. Medical malpractice is not restricted only to the doctor but by legal definition encompass nurses, dentists, therapists, radiologists, laboratory technicians, clinics, hospitals, and etc.

Numerous lawsuits are filed every year for medical malpractice in the US. Patients or family have the right to claim both economic and non economic damages. Generally claims are made for improper medication, improper surgery, misdiagnosis, negligence etc. The patient can file a lawsuit even when informed consent have been given by the patient. The principle behind these types of claims is that the doctor is not absolved of responsibility even if the patent consents.

Medical malpractice cases are complicated for various reasons. The primary reason is that when the patient comes under the care of the health care provider he/she is already ill or injured. Hence it becomes complicated to assess the damage caused by negligent medical care independent of the illness or injury.

Another complication in medical malpractice is that the burden of proof is on the plaintiff (patient). The plaintiff needs to prove three things in court:

1. That the health care provider failed to provide the patient with adequate and reasonable care; and

2. That this failure to provide reasonable care is the cause of the damage caused to the patient; and

3. It is the responsibility of the health care provider to pay for the damages.

A further complication is that the plaintiff has to produce expert witness. There are very few doctors willing to testify against a fellow doctor, even in cases of gross negligence. Hence it is vital to hire a good and experienced lawyer, a medical malpractice lawyer. Most law firms take medical malpractice cases on contingent basis and provide the necessary expert witness. Contingent basis means the law firm gets paid from the damages recovered from the defendant.

Most medical firms are covered by insurance. Generally insurance companies shy away from paying damages to the patient unless the patient is represented by an experienced lawyer so as to avoid the risk and costs of a trial and the awarding of greater penalties.

Courts generally levy two types of penalties on a guilty defendant: they are compensatory and punitive.

Compensatory penalties are given to make good the damages to the patient and there are of two types of compensatory penalties, economic and non-economic damages.

Economic damages are awarded to compensate for monetary losses like medical care cost, the cost of medicines, and loss of income. The economic damages are awarded for both future and past losses.

Non-economic damages are awarded to compensate for non economic damages like pain, disfigurement, embarrassment, emotional stress, and etc.

Punitive penalties are awarded to punish the health care provider however they are rarely awarded.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.