Some people are growing apprehensive of medical institutions and those running it. The growing number of misdiagnoses is enough to make one wary about seeking advice from a doctor. Even if these errors are not always mentioned, they can still take a serious toll. Medical negligence is also a growing problem in nursing homes. But how can we prove negligence and when should we file for medical malpractice?
First, we must define what medical malpractice is…
According to wikipedia, medical malpractice is:
“professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.”
There are many forms of medical malpractice. Some of these include failure in diagnosing a life-threatening disease, errors that are made in medication, surgical blunders, and even anaesthesia miscalculations, which could be fatal. A bad outcome, however, is not sufficient grounds for filing a medical lawsuit. In proving medical malpractice, you need to look out for three factors: the first is liability; then damages; and lastly, a direct causal link.
For liability, you must prove that a professional relationship did exist between the people concerned–the health care provider and patient. This is relatively easy to do. Getting proof of substandard care on the other hand, can be a little more difficult as it also depends on the nature of violation. Inadequate care is not enough to prove malpractice.
Has the patient suffered injury as well as economic damages due to negligence? There must be clear evidence proving that negligence is the direct cause of these damages before there can be grounds for malpractice.
To give you a look into medical malpractice cases, here are some examples:
Anesthesia Errors
There is a reason why anaesthesiology is a specialized study. It is a delicate line of work where even the smallest errors can cause a patient to have lifelong injuries. In the worst case scenario, an anaesthesiologist’s error can lead to death. If an error is made during anesthetization, there could be sufficient ground for you to file a medical malpractice lawsuit against the healthcare professional involved.
Missed Diagnosis and Misdiagnosis
Sometimes doctors can miss a diagnosis that other more qualified doctors could have detected. Missing a diagnosis can cause you prolonged suffering, which could entitle you to compensation. Misdiagnosis on the other hand, is a lot more serious since this medical error can cost the doctor the patient’s life. Early and correct diagnosis could have helped the patient to get the proper treatment right away and save his or her life.
Surgical Errors
Surgical errors are becoming more common these days. A surgeon’s work is no joke and errors that are committed during surgery are more often than not life-threatening. If the healthcare professional operating has caused the patient unnecessary suffering or made a mistake that led to premature death, then you have the right to seek legal counsel.
If you feel that you are a victim of malpractice, there are many other instances of medical malpractice that you can look up on the internet so you can have reference on those that are similar to yours. You can also talk to a lawyer about it to see if you have enough ground to sue. If you are worried about expensive lawyer fees, you can avail of prepaid legal services that have low monthly fees.
Keep in mind that standards and regulations concerning medical malpractice may vary depending on which country you are in. If you are in America, there are also varying laws in different states. Research on your options and let your legal counsel guide you on the next steps you should take.
About the Author
Based in San Diego California, Tiffany Matthews is a professional writer with over 5 years of writing experience. She also blogs about travel, fashion, and anything under the sun at wordbaristas.com, a group blog that she shares with her good friends. In her free time, she likes to travel, read books, and watch movies. You can find her on Twitter as @TiffyCat87.
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