Most professional sports organizations usually have a sports medicine team. The team may include doctors, orthopedic surgeons, physical therapists, and athletic trainers. Sports medicine teams are generally focused on assisting athletes in maintaining high fitness levels and treating and preventing injuries.
Malpractice may occur when a sports medicine team member falls short in providing the standard of care. It is also possible for medical malpractice to cause wrongful death. In wrongful death cases, surviving family members may sue if a person dies due to negligence or misconduct of another party.
However, if you are filing a case, you have to remember that wrongful death is not the same as murder. It is usually filed as a civil lawsuit to recover damages.
Common Types of Medical Malpractice in Sports
There is a surprising amount of medical malpractice involving sports injuries. Before stepping foot on the field, an athlete undergoes a great deal of rigorous training. Playing puts them at risk of severe injury. Many athletes don’t get the proper treatment for their injuries.
Misdiagnosis. A doctor may fail to diagnose an individual’s condition or injury properly. It is one of the most common types of medical malpractice.
Delay in diagnosis. Physicians are responsible for ordering appropriate diagnostic tests and identifying illnesses and conditions based on patients’ symptoms. If the proper tests are not ordered or the test results are not communicated to the patient, the doctor may be responsible, and the patient may suffer harm.
Failure to treat. Sometimes, a doctor may correctly diagnose an illness or injury but not recommend the right treatment.
Surgical errors. It is not necessarily malpractice to perform an unsuccessful surgery. A patient can file a medical malpractice suit only when the surgeon fails to follow the standard of care. It can be challenging to determine such cases, so hiring an experienced malpractice attorney is important. Performing the wrong surgery, operating on the wrong part of the body, or leaving equipment in the body cavity is serious and can result in a malpractice claim.
Not obtaining informed consent. You have to provide informed consent before caregivers can treat you. Make sure you know the risks and alternatives before you go under the knife. In medical malpractice cases, healthcare workers who do not explain things clearly and get your consent can be held responsible.
Treating the patient incorrectly. Doctors should select treatments based on how likely they are to help your medical condition. Although they are not required to be flawless, they are accountable if they offer a treatment that no reasonably competent physician would offer. For instance, a medical malpractice claim could arise if your doctor suggests supplements instead of surgery for injuries that require surgery.
Wrongful death. Sometimes, a medical provider’s error is so severe that the patient dies. If you lost a loved one as a result of a negligent medical provider, you might be able to sue the provider for damages.
Legal Options for Sports Injury Medical Malpractice?
It is important to note that medical malpractice following a sports injury may differ slightly from sports medicine malpractice. A professional sports organization’s team usually commits sports medicine malpractice.
Sports injury medical malpractice often occurs when outside doctors or healthcare providers fail to provide adequate treatment.
A malpractice suit may be possible in either case. Sports injuries can have irreversible consequences, including wrongful death, if not treated properly. Making providers accountable for inaction or negligence will help prevent future malpractice.
How to Seek Damages for Medical Malpractice?
If your doctor injures you, you may be able to sue him or her for malpractice. You can also sue the hospital or clinic where the doctor or care provider was employed.
In the event of a hospital or clinic’s negligence, such as insufficient hiring practices or inadequate training, the hospital or clinic would be liable. Moreover, clinics or care facilities are liable for their actions under vicarious liability law. According to the law, employers are accountable for their employees’ actions while they are on duty, regardless of whether they were negligent or not.
Generally, you will have the option of either suing or settling with your caregiver, the caregiver’s employer, or both. During a lawsuit, a judge decides if the defendant is liable and how much compensation he or she needs to pay, if any. A healthcare worker’s malpractice insurer will offer you a set payment if you settle and forfeit your right to sue.
Out-of-court settlements are typical for medical malpractice cases. A settlement may be offered to you by the malpractice insurance company of the health care provider. If you take the settlement, you cannot pursue your claim further.
Sports Injury Lawsuits: What Compensation Is Available?
Depending on the circumstances, you may be able to receive compensation for:
- The cost of medical care
- Continuing Rehabilitation
- Wage losses
- A feeling of pain and suffering
In addition, wrongful death damages may be recoverable if a sports medicine specialist’s negligence caused your loved one’s death, helping you pay for medical expenses and funeral expenses. If you have a specific case, you should consult with an experienced attorney to determine what damages you may receive.
How To Prove Medical Malpractice
Due to the complexity and technicality of such cases, proving medical malpractice can be challenging. You will likely need substantial medical evidence and expert witnesses to prove your claim. Having an expert witness on your side can add credibility to your case. The expert can also explain why your doctor’s care fell below expectations.
You also need to prove that your injury was due to the action of a negligent medical provider, which can be tough. It might be argued that the sports injury is untreatable even if a doctor misses or delays the diagnosis.
If the delayed diagnosis caused you harm, you would need to prove it.
The most important thing you can do for your case is to hire an experienced lawyer. Having a medical malpractice or Kirkland Wrongful Death Attorney on your side can also maximize your chances of getting full compensation by demonstrating the severe effects of the malpractice on your life.
Seek Help from Experienced Lawyers
Medical malpractice attorneys can help you with negotiating the best settlement. It is possible to settle more quickly and easily. If no fair settlement offer is forthcoming, your attorney can also help you make a strong case in court to maximize the likelihood of recovering full compensation.
Disclaimer: The views and opinions expressed in this article are those of the authors and do not reflect those of Geek Vibes Nation. This article is for educational purposes only.
Amanda Dudley is a lecturer and writer with a Ph.D. in History from Stanford University. After earning her doctorate in 2001, she decided to pursue a fulfilling career in the educational sector. So far, she has made giant strides by working as an essay writer for EssayUSA, where she delivers high-quality academic papers to students who need them.
