Medical malpractice is when health care providers or professionals such as doctors, nurses, surgeons, or even pharmacists fail to provide the appropriate and correct treatment that results in the patient’s death or injuries because of their carelessness or negligence. Medical malpractice is usually due to a medical error in the diagnosis, medicine dosage, treatment, disease management, aftercare, or hospital management.
The medical malpractice law is implemented to help patients recover the financial losses they face due to such incidents. According to statistics, there are nearly 17,000 medical malpractice claims against doctors every year. Medical malpractice incidents are on the rise and have become a great threat to the public. Let us look at what is considered medical malpractice.
When is medical malpractice considered?
To be considered a medical practice by the court and law, your claim should contain the following factors and characteristics.
1) Standard of care violated
Certain standards of medical treatment have been put into place by medical professionals and doctors that are acknowledged by the law. These are known as the standard of care.
The patient expects to get treatment that is consistent with these medical standards. If the standard of care has not been met, resulting in injury, you can file a claim with Butler Law Firm if other factors are met. Our attorneys will make sure you get the compensation you deserve.
2) The injury occurred due to negligence
For a claim to be valid, the patient must provide evidence that proves that they sustained the injury due to the medical professional’s negligence.
3) The injury was severe
Medical malpractice lawsuits are no joke. They require a lot of time, money, and effort, as different testimonies from many medical experts are required. For a claim to be valid, you must prove that you sustained severe injuries that resulted in significant damage.
If the damages and injuries are small, the cost of filing a claim might be way greater than the recovery finances. For a claim to be valid, the patient must prove that the injury resulted in a loss of income, disability, immense suffering, pain, and huge medical bills.
Common examples of medical malpractice
To better understand what is considered medical malpractice let us look at some examples, including:
- Mismanagement by the hospital
- Failure to reach the correct diagnosis
- Misdiagnosis
- Unnecessary surgery
- Inaccurate laboratory results
- Misreading laboratory results
- Administration of the wrong medicine, at the wrong time or in the wrong amount
- Poor aftercare
- Premature discharge
- Ignoring symptoms
- Not taking proper patient history
Other less common but severe incidents that can result in a lawsuit include fires at the hospital, patients committing suicide while under the supervision of a health care professional.
According to statistics, nearly 8% of all medical errors occur in hospitalized patients. Administration of too many blood thinners can lead to an increased risk of bleeding. According to data collected, the major cause of malpractice in 2012 was a misdiagnosis.
Medical errors and malpractice have become the leading cause of death in recent times, and immediate actions should be taken to prevent such incidents. The establishment of medical treatment standards, guidelines, policies, and check up on the activities of doctors.