Every medical encounter that does not result in a positive outcome does not mean that the doctor or hospital committed malpractice. Under the law, Medical Malpractice occurs when the action of a physician, hospital, nursing home or other healthcare provider results in harm to a patient and the care provided is below the accepted standard of care for the condition.
The “reality” is that the medical provider will not tell you if a mistake was made. Often times, they will do the opposite. Here are the important rules you need to know in this area:
#1 – If you suspect Malpractice Occurred, you should engage an attorney to investigate the case.
#2 – You have a limited time frame to assert the claim; so you should not wait.
#3 – Medical Malpractice is a specialized area and you must be sure your attorney has the expertise.
Types of Medical Malpractice Claims:
Anesthesia mistakes. If an error is made in the administration of anesthesia and it results in major complications, a patient may have a valid medical claim.
Surgical errors. If a surgeon’s conduct is below the accepted standard of surgical care, and the negligence causes injury or harm to the patient, the patient has grounds for a case of medical malpractice. Errors can go beyond acceptable risks or complications that could arise in surgery. Inadequate preoperative planning, miscommunication, and neglect are causes for surgical malpractice claims.
Nursing home abuse and negligence. Abuse or negligence of patients in nursing homes are grounds for a medical malpractice lawsuit. The federal definition of abuse is “the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish.” Neglect differs from abuse in that it is unintentional. Neglect is caused by inaction or indifference, not willful intent to harm the patient. However, both abuse and negligence can lead to physical, mental, and/or emotional harm of the patients.
Wrongful death. Wrongful death occurs when a patient dies due to preventable medical errors which breaches the duty of care. A medical malpractice lawsuit in these situations can be on behalf of the deceased, as well as the close family members who suffer compensable losses as a result of this death.
Birth injury. Childbirth-related injuries can refer to those suffered by the mother or those incurred by the newborn baby. Injuries caused by the misuse of instruments or other medical errors may be grounds for a case of medical malpractice.
Cosmetic surgery errors. Cosmetic surgery includes both cosmetic and reconstructive surgery. When surgical errors occur as a result of negligent conduct, a patient can suffer considerable damages, which can give rise to a valid claim for medical malpractice.
Emergency response mistakes. Medical malpractice laws are unique for emergency medical care. First responders have legal protection from medical malpractice, unless they acted recklessly or with the intent to harm. Standard medical malpractice rules do apply to ER doctors, nurses, and other medical personnel. Under certain circumstances, hospitals can be sued for medical malpractice as employers of ER medical personnel. With the complexity of the laws regarding medical malpractice for emergency response mistakes, it is best to contact a medical malpractice attorney to navigate the laws.
Medication errors. The three most common medication errors are the wrong medication given, the wrong dose given and the wrong directions for use. If a medication error results in serious injury or death, the patient or the patient’s loved one should consider a medical malpractice case.
Misdiagnosis and failure to diagnose. The most common cases of medical malpractice are misdiagnosis and failure to diagnose a medical condition. Conditions most often overlooked or misdiagnosed include: cancer, allergic reactions, meningitis, and stroke, among others. Proving misdiagnosis or failure to diagnose is difficult. The proper course is to consult a medical malpractice lawyer.
Law and Reality has selected a premier group of medical malpractice attorneys to handle these sensitive and often complex claims. Our selection process is not based upon what you see on TV – it is based on our years of experience in the legal community and our knowledge of the quality and competency of the lawyers in the community. We will put you in direct contact with the attorney we believe best suited to your specific circumstance.