When people go to a doctor, they generally expect to be given the best care possible. Most people assume that their physician, whether at a doctor’s office or in the emergency room, will do their due diligence and practice medicine ethically.
But, while many medical providers do their best to uphold these standards, not all of them do. Instances of neglect and even abuse do happen in the medical field. Most likely, you’ve heard of medical malpractice before, but what exactly is it?
Find Out More About Medical Malpractice
Have you ever had an experience with a medical provider that felt unethical or dangerous to your health? In these situations, did you wonder what options you had for seeking help or compensation? Medical malpractice law is the area of law focused on helping patients recover compensation or seek help after a botched surgery or other situations of neglect or abuse from the medical system. Learn more about medical malpractice and how to get help.
Getting Help With Medical Malpractice Suits
If you have questions about a medical malpractice situation, working with someone who knows the ins and outs of the law is of utmost importance. Each medical malpractice case is unique, and the legalists can be complex. Luckily, some attorneys specialize in this kind of law. As a subset of personal injury law, you’ll want to find an experienced lawyer who has worked on medical malpractice suits in your state.
But, what is medical malpractice technically?
The broad definition of medical malpractice is an injury to a patient because of negligence or omission on behalf of a doctor, hospital, or any medical professional. According to the American Board of Professional Liability Attorneys, negligence can happen during diagnosis, treatment, or aftercare.
Because proving negligence is complicated, a medical malpractice suit has to meet three standards:
- It must violate the accepted standard of care in the medical community related to the patient’s condition.
- The injury had to come from negligence. So, even if the standard of care wasn’t met, the patient must also show that this led to the injury.
- The impacts of the injury must cause significant damages. These damages include pain, suffering, medical bills, and more.
When it comes to medical malpractice, the definitions are broad. So, if you have a question about your particular situation, it’s best to speak to an attorney or other expert in the field.
What Kind Of Cases Count As Medical Malpractice?
Many individual cases and medical situations could count as medical malpractice. Some examples include:
- Surgery was performed unnecessarily.
- The physician ignored lab results or other diagnostic tests.
- A surgery that was done incorrectly.
- A doctor gave out the wrong medication or dose.
These are just some of the many common examples of medical malpractice. And it’s not just doctors who can cause injury through negligence in medical care. Nurses and even entities like hospitals can also be held liable.
Is It Worth It To Pursue A Medical Malpractice Case?
Even compared to other kinds of personal injury lawsuits, medical malpractice cases can be difficult to take to trial. Proving negligence is challenging, especially because some healthcare situations aren’t black and white. So, it can take months, if not years, to go through the process. And, in many cases, the costs of taking the case forward aren’t worthwhile.
However, it’s possible to take a case successfully to trial or to some other kind of mediation. If you have questions about a specific medical malpractice scenario, reach out to lawyers in your area to learn more or get advice.
