Medical malpractice can occur when a health care provider violates the laws and rules governing medical lawsuits and causes a patient to suffer an injury. Malpractice Law in general can involve doctors, dentists, pharmacists, hospitals and even lawyers. A medical malpractice lawsuit can result from misdiagnosis, prescription errors, surgery mistakes, elder care negligence, birth problems and more. Legal malpractice claims can be filed when a lawyer or legal representation fails in the preparation, execution, or settlement of a client's case, resulting in additional legal consequences. If you have suffered significant injuries from a negligent dentist, you may have a viable dental malpractice claim.
Malpractice lawsuits are designed to hold professionals accountable while securing appropriate compensation for losses and suffering. Since a statute of limitations may apply to malpractice lawsuits—usually within two years—the victim or the victim's loved ones should file a complaint as soon as possible. And malpractice laws can vary significantly in each state.
Medical Malpractice
Legal Malpractice
Dental Malpractice
Medical Malpractice Statistics
Medical Malpractice Lawsuits and Lawyers
Medical Malpractice
 Medical malpractice seems to be on the rise and medical malpractice suits abound in the US. Many people blame the lack of training and insufficient staff in the medical field but whatever the reason, almost 75 percent of settled malpractice claims involve human error.
A medical malpractice lawsuit can result from negligence by the medical practitioner, or by failure to take appropriate medical action. Some examples of medical malpractice include:
- Failure to provide appropriate treatment for a medical condition
- Misdiagnosis of, or failure to diagnose , a disease or medical condition
- Unreasonable delay in treating a diagnosed medical condition
The main factors in determining negligence are the accepted standard of care, whether that standard was followed and, if not, whether not following that standard caused the injury. For instance, negligence can occur if a health care provider misdiagnoses a problem, or fails to treat the injury or illness properly or administers the wrong medication. A doctor can also be held liable for failing to adequately inform a patient about the risks of a procedure or about alternative treatments. But to have a case, you must document that the negligence caused your injury or worsened your condition.
A medical practitioner may also be legally liable if a patient does not give "informed consent" to a medical procedure that results in harm to the patient, even if the procedure is performed properly.
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 Legal malpractice means that your attorney has acted in a negligent manner when providing legal advice or representation. You must first prove that a lawyer-client relationship exists and show that the attorney violated a standard of care. And you must generally prove that damages actually were suffered as a result of the legal malpractice, and the nature and amount of those damages.
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Dental Malpractice
 Dental malpractice generally refers to an injury caused by negligence or incompetence such as failure to diagnose or treat possible precarious oral conditions, delayed diagnosis or treatment of oral disease or other precarious oral conditions, as well as any intentional misconduct on the dental professional's part. Negligent dental practice can include the following:
- Nerve injuries that affect a patient’s ability to taste and/or cause permanent numbness in part of all of the tongue
- Complications arising from negligently completed crowns and bridges
- Dentists’ failures to take into account a patient’s relevant medical history
- Failure to detect oral cancer, periodontal disease, or other diseases
- Certain complications from anesthesia, even when releases are signed
- Unnecessary extraction of multiple teeth and/or extraction of wrong teeth
- Molesting a patient under sedation
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Medical Malpractice Statistics
 In 2006, the Institute of Medicine of the National Academies reported that medication errors are one of the most common medical mistakes, injuring at least 1.5 million people every year. According to the study, 400,000 preventable drug-related injuries occur each year in hospitals, 800,000 in long-term care settings, and roughly 530,000 among Medicare recipients in outpatient clinics.
The Journal of the American Medical Association (JAMA) reported that about 225,000 deaths occur each year because of medical malpractice based on the following:
- 106,000 patients die each year from the negative effects of medication
- 80,000 patients die each year due to complications from infections incurred in hospitals
- 20,000 deaths per year occur from other hospital errors
- 12,000 people die every year as a result of unnecessary surgery
- 7,000 medical malpractice deaths per year are attributed to medication errors in hospitals
The Bureau of Justice Statistics reported the following regarding medical malpractice lawsuits:
- 90 percent of all medical malpractice lawsuits are filed by patients who have suffered permanent injury, or by those representing someone who has died as a result of malpractice.
- Almost half of all medical malpractice lawsuits n the US are filed against surgeons.
- About 33 percent of medical malpractice lawsuits are attributed to non-surgeons.
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Medical Malpractice Lawsuits and Lawyers
While medical malpractice claims are on the rise, the success rate of medical malpractice lawsuits is only about a quarter of the total number filed. Although this figure is lower than most other tort cases, the amount of compensation awarded in malpractice cases is significantly higher. A successful medical malpractice lawsuit can help stop the amount of medical malpractice that occurs in the US.
Medical malpractice suits have been significantly affected by "tort reform." Malpractice cases are generally expensive to litigate, and your recovery of damages may be limited by statute. Advice from medical experts can also be very expensive. Because medical malpractice litigation is of a technical nature, it is usually best to go to an attorney who specializes in medical malpractice law, and who has the resources necessary to develop your case, hire appropriate experts and, if necessary, to take your case to trial.
A medical malpractice attorney will find it helpful if you can provide medical documents and any records you have relating to your case. You may also want to consider asking an attorney how much experience he or she has with medical malpractice cases; how they find medical experts; and if they have the financial resources to take your case to trial. Most medical malpractice attorneys accept cases on a "contingency" basis rather than a retainer, which means that their fee is a percentage of the amount recovered from the defendant through judgment or settlement.
If you have suffered medical malpractice, it is very important that you seek a lawyer in your state who specializes in medical malpractice law. A medical malpractice lawyer can determine what rights and options are available to you and if you are entitled to compensation for medical procedures, time off or work, and pain and suffering.
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