The idea of being hurt by the very person who was meant to heal you is a harrowing one. Yet unfortunately, it is a reality that many have had to live with. It is rare yet in the worst cases it can be fatal, with John Hopkins reporting medical errors to be the third leading cause of death in the US.
If you or a family member suspect yourself to be on the receiving end of damaging treatment from a medical professional then you could take action under the basis of medical malpractice.
But what does it entail and when should I reach out to a legal professional?
All of these questions will be answered in this post.
What Is Medical Malpractice?
When a professional healthcare worker takes on their role, they commit to a certain standard of care that you as a patient should be able to depend on. When they fall short of this it is medical negligence on their part.
So when should you take action? Well, you should seriously consider reaching out to a medical malpractice lawyer in at least 3 situations:
- If they fail to provide you with the expected standard of care
- You have an injury as a result of their negligence
- The injury has significant consequences
It is important to remember that just having a bad experience or negative side effects from your treatment does not constitute medical malpractice.
You will need to be able to prove that damage incurred by the procedure would not have happened if the medical professional had done their job correctly. In addition, a medical malpractice case requires you to be able to prove that have had some form of life-altering harm due to their negligence. If you are interested in what constitutes medical negligence click here for more info. This is an important point to keep in mind, as pursuing a medical malpractice case can prove to be expensive.
Types of Medical Malpractice
What are some of the most common forms of medical malpractice?
Surprisingly misdiagnosis and medication errors are at the top of the list. Due to not doing a thorough assessment, a doctor may come to the wrong conclusion about what a patient is really suffering from. As a result, doctors could give the wrong medication or treatment, leading to unnecessary pain or even worse results.
Another common time when medical malpractice is apparent is during pregnancy, particularly during labor. Not being aware of when the baby is in distress, the misuse of forceps, and the failure to arrange a cesarean when appropriate all can constitute lapses in medical judgment.
The last are would be so-called “never events”. These are highly preventable errors while conducting surgery, such as leaving surgical equipment inside a patient or conducting surgery on the wrong body part or even the wrong person.
These constitute just a few of the most common times when you shouldn’t hesitate to reach out to a medical attorney.
Clarity Over Medical Malpractice
Undergoing a bad experience with your healthcare workers can raise the question about if what damages you are entitled to. We hope our rundown of medical malpractice has given you a clear idea of what is and what isn’t worth taking further action over.
Be sure to check out all of our other great explainer articles on our site.