What if a doctor amputates the right leg instead of the left leg? Or a doctor fails to diagnose cancer which makes it difficult to treat? These are some examples of errors committed by doctors that have serious consequences for patients. All healthcare professionals need to follow a certain standard of care. When these professionals neglect or omit to perform their duties, the patients get harmed. And this is where medical malpractice law comes in! Medical malpractice law protects patients when a health care professional neglects to provide appropriate treatment. It also includes omission to take appropriate action or providing substandard treatment that makes the patient’s condition worse. So, medical malpractice involves a medical error that causes harm, injury, or death to a patient.
The error or omission committed by the healthcare provider could be in diagnosis, medication dosage, treatment, health management, or aftercare. Doctors have a serious job to perform and making mistakes could ruin their patients’ lives. So, to protect the injured/harmed patients, medical malpractice law allow the victim to sue the doctor and get compensation for added medical bills, lost wages, and other expenses.
Filing Medical Malpractice Lawsuit
Medical malpractice is a part of personal injury law that allows victims to seek financial compensation for their loss from the negligent party. However, to file a lawsuit and get compensation, the patient has to prove certain things. It is noteworthy here that a patient’s dissatisfaction with the treatment outcome doesn’t mean a breach of duty. There is a legit case only when there is negligence and that negligence causes harm or injury. Before filing a medical malpractice lawsuit, the patient has to make sure that a doctor and patient relationship existed and that the doctor has the duty to practice medicine. To win the case and get compensated, the victim has to prove that the doctor breached their duty and that caused the harm. A medical malpractice case should have certain characteristics such as:
A Violation of the Standard of Care: All healthcare professionals are required by law to adhere to certain standards. Failing to provide a proper standard of care is considered negligence.
Negligence Caused Injury: There is no case if the doctor was negligent, but no harm or injury occurs. For a medical malpractice claim to be valid there has to be a violation of the standard of care and an injury or harm caused due to that negligence.
Consequences of Injury: Another factor is the damaging consequences of the injury. To seek compensation, the victim has to prove that the medical negligence caused injury or harm that resulted in considerable damage such as expensive medical bills, pain and suffering, disability, loss of income, and enduring hardship.
Examples of Medical Malpractice
Medical malpractice cases are quite complex and securing a favorable outcome can be difficult without the help of an experienced medical malpractice lawyer. You can find a personal injury lawyer specializing in medical negligence cases to increase your chances of getting compensated for the loss. The case can be filed against any healthcare provider- doctor, nurse, hospital, and other professionals responsible for diagnosis, treatment, or aftercare of the patient. These cases can take many forms such as:
- Failure to diagnose or misdiagnosis
- Ignoring or failing to recognize symptoms
- Misreading or ignoring laboratory results
- Unnecessary surgery
- Not taking appropriate patient history
- Improper medication or dosage
- Surgical errors or wrong site surgery
- Poor follow-up or aftercare
- Premature discharge
