Information On Medical Malpractice Claims
Medical malpractice is an incident wherein the neglect or error of a medical professional resulted in the death or injury of a patient. Although most such cases are filed against physicians and medical establishments, other medical care givers may also be the subject of a medical malpractice lawsuit.
Factors that warrant a medical malpractice claim
It is important to keep in mind that not all cases of patient in or death warrant a medical malpractice claim. In order to be considered legitimate, the claim should involve the following factors:
- a mistake committed by a medical professional
- injury caused by that mistake
The mistake itself may be the result of erroneous action by a medical professional, or it may be the result of inaction, in which case it is referred to as “omission” or “medical negligence”.
The error that causes in warranting a medical malpractice suit can occur at any time during treatment. A physician may provide the wrong diagnosis for example, preventing the implementation of proper treatment. In the same way, a physician that provides a proper diagnosis but fails to provide the proper treatment may also be liable for a medical malpractice suit.
Another factor that will be considered in a medical malpractice suit is the quality of medical care provided. In order for a medical malpractice claim to prosper, the plaintiff’s attorney must prove that the physician in question failed to provide the patient with medical care conforming to the established standards in the community. If a patient has a heart condition for example, the medical care that he receives should be in conformance with medical care practices in the area where he is treated. If the physician fails to provide that, he will be held liable in a medical malpractice suit.
An injury itself is not enough reason to warrant a medical malpractice claim. The attorney representing the patient should also prove that the physician in question did actually cause the injury by error or omission, and that this mistake caused further injury to the patient. These cases might involve:
- amputation of the wrong limb
- surgery on the wrong side of the brain
- a health condition worsened by treatment
Even if the physician in question committed an error at any stage of the treatment, there is no medical malpractice case unless the error actually resulted in injury. No matter how serious the error may seem patients can only file a medical malpractice claim if there is an injury involved.
The plaintiff’s attorney will also have to prove that the injury is a direct result of the error committed by the physician. In most medical malpractice cases, this is the most difficult aspect to prove.
Other individuals and organizations that may be involved in a medical malpractice suit
Medical malpractice lawsuits don’t always involve physicians. In some cases, medical malpractice suits have been filed against nurses and other employees of a medical care establishment. Depending on the specifics of the case, non-medical personnel and even hospital administrators may be liable for a medical malpractice lawsuit. Nurses and other medical care professionals may not use following orders as an excuse or defense against a medical malpractice suit.
Once you have gotten your immediate medical needs taken cared of, the next important step is to seek legal representation. This will allow you to file a medical malpractice claim and possibly get compensation for any injuries–mental as well as physical–that you may have incurred. In some cases, the compensation received from a medical malpractice claim may even cover loss income and emotional trauma apart from the physical injuries sustained.