Medical malpractice law governs the liability of doctors and other treatment providers when they cause harm to a patient by rendering their services in a negligent manner. All states have their own laws and procedures to handle these specialized personal injury cases. But in general terms, a doctor will be held liable if his or her conduct fails to meet the “standard of care” provided by other doctors under similar circumstances.
Errors that qualify as medical malpractice will typically fall into one of several categories. These include a failure or delay in diagnosing a patient’s condition, misreading X-rays, prescribing the wrong pharmaceuticals, failing to warn a patient of the risks or side effects of a procedure, performing services without the patient’s informed consent, and making a mistake during surgery or childbirth.
When doctors act carelessly, the results can be catastrophic for the patient. It is not surprising, then, that damage awards in medical malpractice cases are among the largest of all personal injury cases. Damages may include medical expenses, physical pain and suffering, emotional distress, lost wages, decreases in earning potential, punitive damages, as well as compensation for partial or complete impairment, disfigurement, and death.