Medical Malprctice FAQS

Medical malpractice is defined as negligent treatment by a medical provider, including doctors, hospitals, nurses, therapists, or other medical practitioners. A medical provider that does not act in a manner that is considered the accepted standard of care in the diagnosis or treatment of a condition can be held responsible for all damages that result, including pain and suffering, medical bills, loss of wages, or wrongful death.

A common misconception about medical negligence is that the responsibility falls solely on doctors. Conversely, any licensed medical practitioner can be found guilty of medical malpractice, including:

• Doctors

• Surgeons

• Nurses

• Assistants

• Hospitals

• Hospital Staff

• Dentists

• Anesthesiologists

: Medical malpractice can occur in a variety of scenarios in which a medical professional makes a mistake or uses improper judgement. Common examples of medical malpractice cases include:

• Birth injuries

• Failure to diagnose or misdiagnosis

• Improper medication or dosage

• Surgical errors or wrong site surgery

• Failure to order proper testing

• Gynecological and obstetrical malpractice

• Improper medication or dosage

• Premature discharge

• Disregarding or not taking the appropriate patient history

• Emergency Room negligence

• Anesthesia errors

• Misdiagnosis or delayed diagnosis

• Medication errors

• Brain injuries

• Patient neglect

• Failure to obtain necessary patient information

• Failing to provide necessary treatment to a patient

: The first thing to note is that an adverse medical outcome does not immediately translate to medical malpractice. Even when a medical professional act with the highest level of knowledge and care, things that are out of their control can go wrong. To demonstrate that you have a valid claim, the following elements are required:

1.A Doctor-Patient relationship was established, either by agreement or by treatment received.

2.A Duty or Standard of Care was established, stating the legal obligation of the medical professional to provide care that meets the accepted standard in the medical community.

3.A Breach of the Duty of Care occurred, meaning the professional did not uphold his obligation.

4.The Breach of Care was the primary cause of injury, proven by medical records and expert testimony.

5.The injury caused damages, whether it be medical expenses, pain and suffering, lost wages, or other effects.

: No. Medical malpractice solely constitutes damages, such as injury, pain and suffering, or the need for further treatment. While it’s not comforting to learn that something could have gone wrong during a medical procedure, if the mistake was caught and corrected right away without harm, you do not have a valid medical malpractice case.

Not necessarily. Medical results cannot be guaranteed, and unexpected or unsuccessful results do not necessarily mean your medical provider was negligent. For a successful medical malpractice case, injury or damages had to result from the doctor’s deviation from the standard of care applicable to the procedure.

Preponderance of the evidence is the burden of proof required to win a medical malpractice lawsuit. Literally defined, preponderance is the quality of being greater in quality or importance. In medical malpractice cases, preponderance is based on the more convincing evidence and its probable truth or accuracy, as opposed to the amount of evidence.

Before a doctor performs a medical procedure or treatment, he or she is required to advise the patient of the potential outcomes. This includes reasonably apparent negative consequences, such as side effects and complications. The communication of this information is known as “informed consent.”

If a doctor fails to communicate these outcomes, it could amount to medical malpractice if the patient suffers damages as a result of treatment that he or she wouldn’t have agreed to initially if the patient had been aware of all facts. Bear in mind that informed consent is not required in all treatment scenarios, such as when an unconscious patient is receiving emergency services.

There are two main types of damages victims of medical malpractice may be entitled to: compensatory and punitive. Compensatory damages, also known as monetary damages, are the most common form of damages in a personal injury claim.

Compensatory damages can include:

• Past, current, and future medical bills

• Costs of medical equipment

• Home healthcare expenses

• Lost wages

• Emotional duress

• Loss of future earnings potential

• Loss of enjoyment of life (Loss of Consortium)

Punitive damages are rare in medical malpractice cases but may be available if the medical professional in question acted intentionally or with particularly reckless behavior. These types of damages are awarded to punish the professional for gross negligence, or when the court feels as though they would be getting off lightly by only having to compensate the patient for the resulting injuries.

: There is no minimum amount that a victim must be awarded in a medical malpractice case. However, there is a “cap” on the maximum amount of compensation a victim can be granted when it comes to non-economic damages, such as pain and suffering. Bear in mind these caps don’t typically apply to economic damages, such as lost wages, inability to return to work, or past and future medical care.

No. A medical malpractice case is considered a civil suit. With all civil cases, the plaintiff is required to sign a release in which they agree to forgo any future legal action whatsoever once the case has been closed.

: Unfortunately, there is no set time frame to settle a medical malpractice claim, however it depends on the legal procedures which usually can take up from a couple of months to an year or years.

Yes you can hire your own choice of medical malpractice lawyer but bear in mind that only a fixed amount of fee would be given to your choice of hired lawyer.

We will be providing coverages to students working in hospitals on house jobs but we apologize that this product isn’t available for individually practicing medical students.

Simply click on the Get Takaful tab under Medical Malpractice Product, select your required limits and once you have designed your required plan, you will be requested for your details as well as payment and delivery options and you are done.

No, our service does not cover Clinical Trials.