Understanding Medical Malpractice – What Can You Do About It

28th March 2018
Print Friendly, PDF & Email

Have you been harmed or injured by a health professional and wondered if there is anything you can do legally?

Depending on the circumstance, what your doctor did may be considered medical malpractice.

Basically, medical malpractice occurs when a medical professional or healthcare provider fails to provide appropriate treatment, neglects appropriate action, or imparts substandard treatment that resulted in injury, harm, or worst case scenario, death to a patient.

The negligence or malpractice typically presupposes a medical error such as in diagnosis, treatment, medication dosage, health management, and/or aftercare.

The law regarding medical malpractice makes it possible for patients or victims to recover remuneration from any trauma or injury that resulted from poor treatment.

Failure and malpractice

Understanding Medical Malpractice

Medical malpractice refers to the error, omission, or negligence that may lead to a malpractice lawsuit.

People expect a great deal of standard of care from a hospital, health care professional or doctor.

A medical professional becomes legally responsible if the injuries or harm you experience arise from the health provider’s deviance in the quality of care that is normally expected in similar circumstances.

What Makes It Medical Malpractice?

Based on the multiple cases handled by malpractice lawyers, medical malpractice is considered to have occurred if it involves the following factors:

  • Failure to bestow appropriate or quality standard of care: Health care professionals are compelled by the law to uphold certain standards. Otherwise, they will potentially experience accusations of negligence.

  • An injury that resulted from a doctor’s negligence: If you, or any patients feel the health care professional was negligent, but no injury or harm transpired, there can be no lawsuit. You must prove that they committed negligence that caused harm or injury, and without the negligence the unfortunate circumstance could have been avoided.

  • There must be damaging consequences in the injury: You must also provide evidence that the injuries that resulted from the medical malpractice caused considerable damages. These could be enduring hardship, suffering, chronic pain, disability, and considerable loss of income.

On the other hand, you cannot simply imply medical malpractice for the reason of dissatisfaction with the overall treatment.

It can only be considered as malpractice in the presence of negligence that resulted in harm or injury.

Types of Malpractice and Errors

If your situation falls under the following categories, then most likely your doctor has committed medical malpractice and you can file a lawsuit against him/her.

  • Unnecessary or erroneous surgery

  • Failure to diagnose or misdiagnosis

  • Premature birth or discharge

  • No medical follow-ups

  • Failure to bestow appropriate medical tests, or to act on results of a test

  • Leaving things inside a patient’s body upon surgery

  • Wrong medication or wrong prescription dosage

  • Operating on the wrong body part

  • Potentially fatal injections obtained

  • Bedsores or pressure ulcers

  • Patient experiences chronic pain after surgery

Other cases in the past have included patients committing suicide during the care of health staff, and fires in hospitals.

How Often Does Medical Malpractice Occur?

The Medical Malpractice Center in the U.S. reveals there are approximately 15,000 to 19,000 medical malpractice lawsuits against health professionals and doctors each year.

On another note, the regulations and standards for medical malpractice varies between states and countries.

If you have been a victim of medical malpractice, there are legal actions you can take to compensate you for what you have been through.

Don’t hesitate to approach a medical malpractice attorney to further assist you in understanding medical malpractice and any legal matters.

Scientists suggested that medical malpractice or errors in the medical field ought to be the third leading cause of death in the United States, next to cancer and heart disease.

However, it is yet unclear exactly the amount of deaths that result from malpractice each year.

What You Can Do If You Are A Victim Of Medical Malpractice

You are most likely seeking a medical malpractice lawsuit due to an injury or harm from poor medical treatment.

If you or any loved one experienced misdiagnosis, substandard medical care, breach of doctor-patient confidentiality, lack of consent, or any negligent act from a medical professional that resulted in injury or harm, then you are entitled to medical malpractice recovery.

Read further about what you can do legally about malpractice.

1. Contact The Involved Health Care Or Medical Professional

The first step is to contact the medical professional who caused you the harm before actually filing a claim.

Your goal here is to reach an understanding of what went wrong.

Also, allow the doctor or health provider to see if he/she can remedy the situation.

In most cases, medical professionals are more than willing to execute services to rectify the problem or provide a better solution.

2. Contact The Pertinent Medical Licensing Board

If your efforts in communicating with the medical professional fail to ease the situation, contact the licensing board that regulates or controls medical licenses.

Although licensing boards cannot command the professional to remunerate you, they may however issue warnings to the professional and provide you with guidance on your forthcoming legal actions.

3. Know How Long You Must Work On Filing A Claim

If you have decided to file a medical malpractice lawsuit, it is vital to know how much time you have to legitimately lay the claim.

Like all civil claims, medical malpractice may have time limits or deadlines for when you can file lawsuits.

These limits are termed as “statutes of limitations,” which require you to file your lawsuit claim within a time period.

This period encompasses the day your injury transpired.

Without knowing the time period when you can file a lawsuit, you increase the risk of renouncing your rights to recoup money for the damages.

4. Acquire A Medical Assessment To Affirm Your Case Has Merit

Most states demand patients file a “certificate of merit” to assess whether the injuries you are suffering resulted from negligence on the act of the medical professional.

You can file a certificate of merit from another physician.

He/she will examine and review your medical records and validate that your previous medical professional deviated from appropriate medical practice, resulting in your injuries.

After claiming a certificate of merit, the lawyer you choose will file the document and confirm that you conversed with a medical expert and that your case has merit.

5. Get Help

The law pertaining to medical malpractice is highly regulated by a comprehensive set of rules, which may vary in various states.

It is essential you seek advice or be represented by a lawyer.

Sustaining birth injuries may legally entitle you the right to file a medical malpractice case.

If you’re considering a personal injury settlement against the another party, you can click here to gain an in-depth understanding about this subject.


This article was written by Dianna Charles who is a promising young law enthusiast she hopes to bring her youthful spirit in her field.

She tries to add a refreshing modern take to topics on the legal world that people can learn from.

Dianna enjoys her free time with friends and family and loves to cook for them.


You Might Also Like

  5 Healthy Benefits For Growing Your Own Organic Garden
  4 Tips For Healthy And Strong Joints
  5 Healthy Benefits For Growing Your Own Organic Garden
  The Quick Guide To Slip And Fall Recovery
FREE Weekly To Do List Printable
Free gift for you, just fill in your email address to get your Weekly To Do List Printable and updates on our new articles.
 
  Save Save Save