Medical Malpractice Defined
A patient comes to a medical professional to heal or treat an
ailment. When the opposite happens, that the patient is injured
or the situation worsens because of a mistake on the part of the
health care provider, this is called medical malpractice.
Malpractice occurs when a doctor or a health care professional
deviates from the standards which are accepted in the medical
profession. It is mostly the doctor who has the final say in the
procedure or treatment that a patient undergoes.
Once a medical practitioner veers away from the standard medical
practice and it results to serious injuries or complications on
the patient's health, this is considered malpractice.
In cases where a medical practitioner is accused of malpractice,
another health care professional is asked of the procedure that
is applicable in the circumstances of the patient. He should
have done what is expected of a practitioner who is under the
same situation.
The worst case scenario is when a patient dies inadvertently due
to the mistake on the part of the doctor.
First, take a look at the mistakes which classify as medical
malpractice:
1. injuries relating to birth 2. incorrect dosage and dispersal
of medicine or error with prescription 3. incorrect or delayed
diagnosis of an ailment 4. improper treatment 5. surgery
mistakes 6. failure to refer to a medical specialist 7. health
complications from anesthesiologists 8. improper procedures
performed on emergency rooms 9. abuse of patients in nursing
homes, children's ward and other medical institutions 10.
mistakes with the general treatment of a patient
There are cases where a healthy part of the body is removed
because of incorrect diagnosis. A delay in the delivery of a
baby may result to more serious complications.
More specifically, malpractice occurs when the medical
professional neglects to perform his or her duties on a timely
and efficient manner. Just like with any other aspect in our
lives, negligence would always have negative results.
In the medical profession, there should be zero tolerance for
negligence because people's lives and their health are at stake.
'Medical Malpractice Laws and Cases'
The laws regarding malpractice in the United States may differ
from state to state. They are changed from time to time and some
laws may apply only to particular circumstances.
If you have a relative or a friend who may have suffered or died
due to medical malpractice, then you may consult a lawyer in
your state who specializes in such cases. Make sure that the
lawyer that you will consult has an extensive experience in this
field so that you will have the best legal support possible. You
may also review past medical malpractice cases to learn more
about this.
If you have a medical malpractice case, it would be difficult to
immediately recognize whether you have a good or bad case
against the health care professional.
Just like in criminal or corporate law, each case is unique and
has its own downsides and merits. Your lawyer may need to work
through all the details about the case.
Most of these cases are dragging and consumes a lot of your time
and expenses. Talk with your lawyer before deciding to file a
case. Most legal practitioners would first consider t he
financial and legal merits of your case before they formally
proceed to court.
Medical malpractice is a growing problem in the United States.
When filing a medical malpractice lawsuit, make sure that you
have a lawyer on your side who will adequately defend your
rights.