Every year, millions of people become victims of medical malpractice worldwide. Medical malpractice kills thousands of patients but only a few of them get the justice they deserve. This happens because the injured person or family of the deceased knows little or nothing about medical malpractice claims. If handled correctly by a qualified medical malpractice lawyer, it is possible to seek justice and damages that you have suffered due to professional misconduct, incompetence, or negligence displayed by a medical professional or healthcare organization. However, before you file a medical malpractice claim, make sure that you have a legitimate case. Just because your patient’s health deteriorated during or after the treatment, it doesn’t always mean that the healthcare professional is at fault. So, take some time to understand what type of cases comes under the category of medical malpractice to file a valid claim.
What is Medical Malpractice?
The term “medical negligence” also known as medical malpractice refers to an act or failure to act by a medical professional that causes serious harm to the patient. When the services of medical professionals deviate from the accepted medical standard of care, it results in sub-standard treatment. It involves a medical error committed by a hospital, doctor, or other health care professional that causes an injury to a patient. The error could be in diagnosis, medication dosage, health management, treatment, or aftercare that could make the patient’s condition worse. According to medical malpractice law, patients are entitled to recover compensation for any harm that occurs as a result of medical error.
Characteristic of a Medical Malpractice Claim
To prove that you’re a victim of medical malpractice, the claim must have the following characteristics:
- A Violation of the Medical Care Standard
To file a legitimate medical malpractice case, you should prove that a physician-patient relationship existed. Every state has certain medical standards that all healthcare professionals need to follow. You have a valid case only if that standard of care has not been met.
- An Injury Due to Negligence or Medical Error
You don’t have a valid claim if you are not satisfied with your treatment or results. For a medical malpractice claim to be valid, you need to prove that a doctor, nurse, or any other healthcare professionals are responsible for your injury or worsened condition. Even if a health care professional has violated the standard of care, you can’t file a legitimate case unless you prove someone’s negligence. An unfavorable outcome of treatment is not considered malpractice unless you prove that the negligence caused the injury. An experienced medical malpractice lawyer can help you gather evidence to prove the medical error that has caused the injury. Here are some types of errors that are considered medical malpractice-
- misdiagnosis or failure to diagnose
- prescribing the wrong dosage or the wrong medication
- unnecessary or incorrect surgery
- premature discharge
- failure to perform appropriate tests
- fatal infections acquired in the hospital
- Injury Resulted in Damages
Medical malpractice claims are quite complicated. To seek financial compensation for the losses you have incurred, it is important that prove that the injury resulted in disability, loss of income, pain, and suffering, past and future medical bills. The amount you receive will depend on the damages you have suffered due to the injury.