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Protections for victims of medical malpractice and their families

Medical malpractice can be a serious concern for patients and their families if the trust they have placed in their medical care is violated. Victims and their families who have suffered harm as a result of medical malpractice may have a claim for damages based on the liability of their medical care provider for the harm they have suffered.

When a medical care provider, including a medical professional, hospital or even pharmaceutical company in some circumstances, has negligently caused harm to the victim, victims and their families have important legal options to protect them. A medical error can result in serious harm, and may result in death, to the victim. Medical malpractice can occur in the diagnosis, treatment or care of an illness and result in devastating consequences for the victim.

To determine if the medical care provider or other medical professional was negligent in their care of the victim, the court will evaluate if the medical professional deviated from generally accepted standards of care; if a hospital engaged in inadequate care or poor training of its staff; and may look to regulatory authorities. In general, the question to ask is if a reasonably prudent medical care provider in similar circumstances would have acted in the same way.

A claim for medical malpractice can include a personal injury or wrongful death claim to help victims and their families seek damages. Damages may include physical, financial and emotional damages which may all be available through a medical malpractice claim for damages. Because medical malpractice claims can be complex, it is important for victims and their families to thoroughly understand their options when harmed.

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