What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or other provider, deviates from the standard of care, resulting in harm, injury, or death to a patient. The "standard of care" refers to whether the medical care provided to a patient met the accepted level of competence, skill, and care expected from a healthcare professional under similar circumstances. It plays a crucial role in determining liability in medical malpractice cases and other legal disputes related to healthcare.
What are the Examples of Medical Malpractice?
Examples of medical malpractice may include the following:
- Misdiagnosis or delayed diagnosis
- Failing to diagnose a condition or diagnosing it late, leading to improper or delayed treatment.
- Surgical errors
- Performing unnecessary surgery, operating on the wrong site, leaving instruments inside the body, or other mistakes during surgery.
- Medication errors
- Prescribing or administering the wrong medication or dosage.
- Birth injuries
- Harm caused to a mother or baby due to improper prenatal or delivery care.
- Failure to treat
- Discharging a patient too early or not providing appropriate follow-up care.
- Informed consent violations
- Failing to inform the patient of the risks, benefits, and alternatives of a procedure or treatment.
What Constitutes Medical Malpractice?
For a case to be considered medical malpractice, it must typically meet the following criteria:
- Doctor-Patient Relationship: The plaintiff must prove that a professional relationship existed, establishing that the healthcare provider owed a duty of care to the patient.
- Breach of Duty: It must be demonstrated that the healthcare provider failed to meet the standard of care, which is what a reasonably competent provider in the same field would have done under similar circumstances.
- Causation: The breach of duty must be directly linked to the injury suffered. This means proving that the negligence caused harm that would not have occurred otherwise.
- Damages: The patient must have suffered actual harm, whether physical, emotional, or financial, as a result of the negligence.
What To Do in Case of Medical Malpractice?
If you suspect medical malpractice, prioritize your health by seeking immediate medical attention to address any harm caused. Document everything, including obtaining a complete copy of your medical records, keeping detailed notes about the events, and saving evidence of financial losses or visible injuries. Avoid confronting the healthcare provider directly to prevent complicating the situation. Consult a qualified medical malpractice attorney who can review your case, often with the help of medical experts, to determine if negligence occurred. Understand the statute of limitations in your jurisdiction to ensure timely action. If your case is valid, your attorney will help calculate damages and guide you through settlement negotiations or filing a lawsuit. Patience is essential, as malpractice cases can take time to resolve. Victims may be entitled to compensation for medical expenses (past and future), pain and suffering, lost wages or earning capacity, and punitive damages in cases of egregious negligence.