Medical malpractice claims arise when people are injured by negligent or intentional acts of a licensed medical professional. Medical malpractice claims may involve a: doctor, nurse, psychiatrist, dentist, chiropractor, podiatrist, hospital, or other healthcare provider.
If a physician or hospital is determined to be legally responsible for causing an injuring to someone, the injured person may recover compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured. Elements of damages may include: medical bills, loss of normal life, disability, disfigurement and pain and suffering.
Many nursing home residents receive medical treatment from physicians and medical facilities not affiliated with the nursing home in which they are a resident. If a nursing home resident is injured to to the acts of a physician or medical facility they may be required to bring a cause of action under the medical malpractice laws of the state where they live. Laws governing medical malpractice are significantly different from those regulating nursing homes.
Some of the more common types of medical malpractice cases involving nursing home residents include:
- Doctor errors
- Medication errors
- Missed diagnosis
- Delayed diagnosis
- Hospital mistakes
- Dental injuries
- Surgical errors
- Anesthesia errors
- Medical device errors
- Dialysis errors
- Misread x-ray, slides, and blood tests
- Adverse drug reactions
- Improperly prescribed, dispensed or filled medication
All nursing home residents who sustain injuries as a result of improper care should be aware they may be entitled to bring a separate cause of action for medical malpractice as well. It is advised to consult with attorneys who handle both medical malpractice and nursing home abuse to determine their rights.