What Is Considered Medical Malpractice?

Medical Malpractice

A medical malpractice attorney can ensure that your right to fair compensation is protected. Medical malpractice is a concern, and incidents of negligence by healthcare providers occur every day in America, resulting in serious or fatal injuries to patients. Though the vast majority of medical professionals are highly capable, some are not, and even the best doctors can make a mistake that results in harm to their patients. If you or your loved one suffered an injury because the caregiver was negligent in their care or lack of care, or if there was an error in diagnosis, treatment, or management of the condition, contact a medical malpractice attorney.

What criteria must a medical malpractice claim meet for eligibility?

When medical malpractice attorneys review a case, they will make a determination as to whether or not the claim meets the legal criteria necessary for the victim to receive compensation. For a claim to have merit, all of the following must be true:

1.       The victim was a patient of the healthcare provider, whether that provider was a doctor, nurse, hospital, or other medical professional. Because of this professional relationship, the provider has a duty of care toward the patient.

2.       The healthcare professional did not provide care to the patient that was consistent with the manner and quality of care that a typical and reasonably capable healthcare professional would have provided under similar circumstances. In legal parlance, when the healthcare professional fails in this regard, they have violated their duty of care.

3.       Because the healthcare professional violated their duty of care to the patient, the patient sustained a serious and otherwise preventable injury. (This is not the same as a less than desired outcome of a medical condition after treatment by the healthcare professional.)

4.       The injury that resulted from the healthcare professional’s negligent treatment of the patient is significant enough that the damages are measurable. Common examples of measurable damages are permanent disability, severe and lasting pain, emotional trauma, the inability to earn the same amount of income as they earned before sustaining the injury, treatment costs related to the injury, death to the patient, etc.

What are common examples of medical malpractice?

Owing to the wide range of medical professions, medical malpractice takes many forms. This underscores the importance of hiring a seasoned medical malpractice attorney who has the experience necessary to handle such complex cases. Here is an incomplete list of common medical malpractice scenarios:

·         The failure of a healthcare professional to accurately diagnose a condition and in a timely manner.

·         The failure of a healthcare professional to accurately interpret diagnostic test or laboratory results.

·         A surgeon performs surgery on a patient that was risky and unnecessary and they did not provide that information to the patient in advance of the procedure.

·         A surgeon operates on, or removes, the wrong part of the body.

·         A surgeon mistakenly leaves foreign matter in the patient’s body, leading to serious complications and possibly death.

If you were the victim of medical malpractice, discuss your case with a medical malpractice attorney at no charge—call a law firm today to schedule an appointment.