Medical malpractice happens when a medical professional deviates from the accepted standards of care, causing injury or death to a patient. Most cases involve negligence on a health care provider’s part. While many malpractice claims are filed against physicians, hospitals, and outpatient surgical centers, there are also nursing home and rehabilitation center malpractice claims.
In these types of claims, residents of short stay and long-term nursing homes and their families allege that staff failed to provide adequate care and supervision to provide for their needs.. There are allegations of abuse and neglect, sometimes intentional. Families and residents may allege that the facility is depriving their loved ones of their fundamental human rights. Nursing home placement is a critical life change. Sadly, there are times it can put loved ones in danger.
Malpractice Claims against Hospitals and Health Care Providers include, but are not limited to:
- Failure to diagnose or misdiagnosis
- Failure to treat
- Unnecessary surgery or surgical errors
- Errors in medications
- Poor after-care or premature hospital discharge
- Failure to order proper testing
- Wrongful death
- Childbirth injuries
- Lack of informed consent
In most medical negligence cases, the patient alleges that a health care provider failed to uphold an accepted standard of care. This failure allegedly caused some injury or harm.
Malpractice Claims against Nursing Homes include but are not limited to:
- Failure to provide adequate care and supervision
- Inadequate nutrition
- Errors in medication
- Negligent hiring and training practices
- Failure to investigate and report neglect and abuse allegations
- Failure to train staff or using unqualified staff for resident care
- Inappropriate restraint usage
- Wrongful death
In many nursing home malpractice cases, the residents and their families claim that a nurse failed to provide adequate care, which resulted in harm or further injury.
The Elements of a Malpractice Case
For a favorable settlement or verdict, a plaintiff is subject to the burden of proof, meaning the law requires them to present evidence to the court to prove negligent or wrongful behavior. They must provide evidence that the health care provider owed the patient a duty of care. The care they received deviated from the accepted standard of medical care. This deviation caused actual damages to the patient, and the health care provider’s action or inaction was the direct cause of the harm they suffered.
Types of Compensation
An experienced medical malpractice lawyer will know what kind of compensation you might be entitled to receive for a claim. It may include economic damages such as lost wages, future earning capacity, medical bills, cost of rehabilitation, and other expenses. Non-economic damages encompass mental anguish, pain and suffering, loss of consortium related to permanent impairment, or loss of function.
Are You Seeking an Attorney to Handle a Medical Malpractice Claim?
If you or a loved one is injured by the negligence or misconduct of a physician, surgeon, dentist, nurse, hospital, nursing home, or other healthcare provider, the My Lawyer Directory can provide the answer. We invite you to search our database to find qualified, local attorneys that can best represent your case in a court of law. Seeking justice is holding accountable those that have caused harm. Search the our directory today!