What Is Considered Medical Malpractice And Why

Medical malpractice is not only confined to a hospital setting. It can occur in any healthcare facility when a doctor, nurse, or other health care professional causes harm to a patient due to negligence. The negligent act can be caused by incorrect diagnosis, wrong intervention or treatment, or poor aftercare.

So, what is considered medical malpractice?

In order for a case to be considered as a medical malpractice, the claim must possess the following characteristics:

• Below Average Standard Of Care: Under the law, health care professionals are governed by standards of care, which are recognized by respected health organizations. Patients expect doctors, nurses and other health care professionals to deliver care aligned with these standards. If the standard of care is violated, then negligence or medical malpractice may be established.
• Injury Has Occurred: A medical malpractice claim should be valid, which means that there must be injury brought about by violating the standard of care. If injury is present without negligence or the injury was not caused by negligence, then the malpractice case is invalid.
• Damages Resulted From The Injury: A medical malpractice lawsuit is expensive to litigate. It requires testimonies from medical experts, spending countless hours in testimony deposition. The case must be viable. For this, the patient must be able to show that the injury resulted in significant damages. A medical negligence lawyer can help you to assess your damages. A medical malpractice claim must show that the patient’s injury resulted in unusual pain, disability, suffering, loss of income and hardship, including significant medical bills.

Common Examples of Medical Malpractice

There are many forms of medical malpractice. It is crucial to know how to spot the warning signs of medical negligence early to avoid further harm. That’s why it’s important to be aware of the most common examples of medical negligence.

Take a look at some of the following examples of medical malpractice that could lead to a viable lawsuit:

• Misdiagnosis: This would include incorrect diagnosis or failure to diagnose, wherein the doctor picked the wrong illness. An example would be if a doctor diagnosed a patient as having a gastric ulcer when they actually had appendicitis.
• Ignoring Or Misreading Laboratory Results: Laboratory exams include complete blood count, blood chemistry and urinalysis, among others. Other diagnostic studies include CT scan, MRI, ultrasound and digital X-rays. If the results of any of these diagnostic examinations are misinterpreted, it could result in injury due to incorrect health management.
• Unnecessary Surgery: Surgery should always be a last resort when treating illnesses. Medications and other non-invasive treatments should be prioritized over surgical intervention. This is because surgery may lead to blood loss, hemorrhage and other complications. On top of the safety risks, surgically treated patients have longer recovery periods. If the doctor performs unnecessary surgery to treat a medical ailment that could have been treated with non-invasive methods, it could result in injury and significant damages.
• Surgical Error Or Wrong Surgery Site: These events are commonly seen in movies, but they also occur in real-life. A doctor may perform a surgical operation in an incorrect body part, such as the liver instead of the gallbladder, which could result in very serious injury.
• Incorrectly Prescribed Medication Or Dosage: If a doctor prescribes an incorrect drug or dosage, it could result in harm to the patient.
• Poor Aftercare: Aftercare means post-treatment checks or follow up. Medical intervention doesn’t stop after treating the signs and symptoms of disease. Continuous monitoring of the patient’s progress, up to six weeks after hospitalization or treatment, must be performed.
• Premature Discharge: A premature discharge could result in medical malpractice, which happens when a hospital releases a patient before they are ready to be released. This could result in catastrophe. For instance, after surgery, a patient must be monitored to ensure optimum recovery.
• Other Examples of Medical Negligence: Not taking or disregarding the right patient history, failure to test and recognize symptoms, and any error on the medical staff’s part which could lead to serious harm for the patient.

Choosing An Experienced And Board-Certified Medical Malpractice Lawyer

If you or a loved one are the victim of medical malpractice that resulted in serious injury, it is important to seek the help of a licensed medical malpractice lawyer. Choosing a lawyer experienced in the field will help you to obtain maximum compensation for all the medical mistakes you have suffered.

Conclusion

Medical negligence cases are viable when a patient has experienced injury or harm brought about by a health care worker’s negligence, which resulted in significant damage such as disability. Hiring a medical malpractice lawyer can help you to win your case and get the maximum amount of compensation for your damages.