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You can define “Medical Malpractice,” can’t you? You may know what it means, but I would be surprised if you have actually considered how to file a med mal claim. This article briefly outlines what Medical Malpractice means in Virginia, from the letter of the law, to the process families undergo when filing a Medical Malpractice Claim. Please note, the laws are often being changed, so always consult an attorney about your specific case, AS SOON AS POSSIBLE.

Definition

I had the privilege of questioning an expert in an erbs palsy case last week. In Federal Court the parties are permitted to question experts prior to trial in the form of a deposition (a question and answer session with the attorneys present). The expert, after reviewing the records prepares a written report that descirbes his evaluation of the records, his opinions, and the bases for his opinions.

If you are one of those people that find themselves having to deal with a malpractice case, no doubt finding an excellent lawyer is going to be at the top of your list. This will be even more important to you if you live in Florida, where the amount of malpractice claims is quite a bit higher than in most other states. The amount of senior citizens in the region definitely contributes to the high amount of medical malpractice cases, but of course there are other factors involved as well.

People usually look up to doctors and nurses because of the reputation they cultivated of alleviating the pain and suffering of their patients. Doctors and nurses are guided by medical procedures developed by international experts and specialists. They are own competence develop through experience as they mature in their profession.

Alas, these medical practitioners are but human, imperfect and erring. Given the tremendous trust people give them, however, once something goes wrong in their execution of medical procedures and their patient suffers from it, it opens a controversial issue of medical malpractice.

Medical Malpractice is defined as deviation from the accepted standards of medical practice such as rendering an experimental treatment to an individual or rendering a treatment incorrectly and creating a more damaging set of circumstances than those which previously were in existence.

Malpractice or poor practice of medicine can be provided by the physician, the hospital at large, a nurse or any other member of the health care team. No one at this point in time is unable to be sued for malpractice in their medical duties because they all have responsibilities to provide health care in a responsible and accurate manner.

1. He no longer practices medicine and is “semi-retired.”

There are some medical “experts” who after practicing medicine for many years hook up with expert-witness companies that lawyers use to evaluate their cases. The doctor is able to earn additional income in his golden years, without the exposure of his own medical malpractice that goes along with treating a patient inappropriately.

The lure of additional income in the retirement years is enticing. Make money from criticizing and commenting on someone else’s treatment? What could be easier? Come into court and give opinions about the standard of medical care- why not? “I’ve been doing this for 35 years,” says the “expert” gynecologist.