Medical malpractice or medical negligence lawsuits are guided by personal injury law.  The primary goal of a medical malpractice claim is to provide relief through financial compensation to injured parties for the damages incurred.   Among the types of recoverable damages are:  loss of earning capacity, pain and suffering, medical expenses and emotional distress.  They include both present and future expected losses.

It should be noted any profession may be held to a reasonable professional standard for their work and their advice.  Accountants, CPA’s, or stockbrokers can cause great harm and damage financially through bookkeeping negligence or erroneous tax preparation.  Architects’ plans may be faulty, causing property loss and financial harm.  Surveyors’ errors may be costly to correct and may prevent the resale of private property.  Some types of professional malpractice are actually white collar crimes or types of fraud.

Medical negligence occurs when a medical practitioner fails to provide reasonable and appropriate medical care.  In the medical field, when a doctor or health care professional agrees to diagnose or treat a patient, he or she has assumed a duty of care toward that patient.  The health care provider may not be the doctor, nurse or a member of the staff.  It is possible that the individual is a lab or x-ray technician with certain qualifications for operating advanced medical equipment or interpreting results of tests.

A facility or company may also be liable for malpractice.  Many times, a hospital, an ambulance company, a pharmacy or a nursing home will be subject to tort law-even a class action lawsuit.

Some examples of medical malpractice or negligence are misdiagnoses which result in delayed or inappropriate treatment.  Lifelong disabilities can result from negligent surgical treatment, dangerous delivery procedures for newborns and/or incorrect and sometimes deadly prescriptions.

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