Do you think that a medical professional is responsible for your injury or worsened medical condition? When a hospital, doctor, or other health care professional gives substandard treatment or failed to diagnose the disease that causes harm, injury, or death to a patient, then it is known as medical malpractice. The negligent act or omission on part of a medical professional can have serious consequences. For this reason, almost every state has a law regarding medical malpractice that safeguards the victims and hold negligent medical professionals accountable. However, before you file a lawsuit against a doctor or hospital, it’s important that you first understand what a medical malpractice case involves to ensure whether you have a legitimate claim or not.
What is Medical Malpractice?
When errors in diagnosis, treatment, aftercare, or health management cause injury or harm to a patient then it is regarded as medical malpractice. The reason for harm and sometimes even death can be inappropriate treatment, substandard treatment, omission, or incorrect diagnosis. This means that any sort of medical error, whether incorrect drug dosage or an error in surgery, comes under the category of medical malpractice or negligence. According to the law, the patients have the right to recover compensation from any harm that results from incorrect or sub-standard treatment/diagnosis.
Different counties have different standards and regulations for medical malpractice. However, all hospitals, doctors, and other health care professionals are required to adhere to a certain standard of medical care. But when they commit a tort, they are legally responsible for the patient’s harm or injury. The victim can file a medical malpractice case if the claim has the following characteristics.
- Improper medication or dosage
- Failure to recognize symptoms
- Unnecessary surgery
- Failure to diagnose or misdiagnosis
- Misreading or ignoring laboratory results
- Surgical errors
- Poor aftercare
- Surgery without consent
- Premature discharge
- Failure to check patient history
The health care professionals can potentially face an accusation of failure to provide proper medical care or negligence that causes an injury. However, to hold the medical professional accountable, the patient must prove the damage caused due to error or negligence because without suffering, injury, pain, or disability, there would be no claim.
How to File a Medical Malpractice Claim?
The person who files a lawsuit is known as the plaintiff. The suing person can be the patient or a legally designated person who acts on the patient’s behalf. The healthcare professional who is being sued is known as the defendant. To file a claim against a doctor, nurse, pharmacist, hospital, or surgical centre, it’s best towith decades of experience in personal injury and malpractice law.
An experienced lawyer can file a lawsuit in a court of law and take care of all the paperwork and legal formalities. The legal professional will prove that the defendant was negligent. Your lawyer may try to settle the case out of court and ensure that you get the compensation you deserve. But if the defendant doesn’t agree to a fair settlement them your lawyer will take your case to trial.