What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or hospital, fails to provide an acceptable standard of care, resulting in harm, injury, or even death to a patient. The standard of care refers to the level of skill, knowledge, and care that a reasonably competent healthcare professional in the same field would provide in similar circumstances.

Examples of Medical Malpractice

When we seek medical care, we place our trust in healthcare professionals to provide competent and safe treatment. However, there are instances when this trust is betrayed, and patients suffer harm due to negligence or substandard care. This is known as medical malpractice. In this blog post, we will delve into the fundamentals of medical malpractice, its common examples, and the important steps to take if you believe you have been a victim.

Misdiagnosis or Delayed Diagnosis

When a healthcare provider fails to accurately diagnose a condition or fails to diagnose it in a timely manner, resulting in delayed or improper treatment.

Surgical Errors

This includes mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary procedures.

Medication Errors

Medication errors can occur in various ways, including prescribing the wrong medication, administering the wrong dosage, or failing to consider a patient's allergies or potential drug interactions.

Birth Injuries

When an infant or mother is harmed during pregnancy, labor, or delivery due to medical negligence, such as improper use of forceps or vacuum extractors or failure to respond to fetal distress.

Anesthesia Errors

These errors can range from administering too much or too little anesthesia to failing to monitor a patient's vital signs during surgery.

Failure to Treat or Properly Manage a Condition

When a healthcare provider neglects to appropriately treat or manage a medical condition, resulting in harm or worsening of the patient's condition.

Determining Medical Malpractice

Proving medical malpractice requires establishing several key elements, including:

Doctor-Patient Relationship

You must demonstrate that a formal doctor-patient relationship existed, meaning you hired the healthcare professional, and they agreed to provide medical care.

Breach of Standard of Care

You need to show that the healthcare professional deviated from the accepted standard of care, failing to provide treatment in line with what other competent professionals would consider reasonable.

Causation

You must establish a direct link between the healthcare professional's negligence and the injuries or harm you suffered. It must be shown that the negligence directly caused your condition to worsen or resulted in additional injuries.

Damages

You need to demonstrate that you suffered damages as a result of medical negligence. These damages can include physical pain, emotional distress, medical expenses, lost wages, and more.

Taking Action

If you suspect medical malpractice, it's crucial to take the following steps:

Seek Medical Attention

Get a second opinion from another healthcare professional to assess the situation and ensure you receive appropriate care for any ongoing issues.

Consult an Attorney

Reach out to a qualified medical malpractice attorney who can evaluate your case, provide legal guidance, and help gather evidence to support your claim.

Preserve Documentation

Keep records of all medical documents, including medical reports, test results, prescriptions, and bills related to the malpractice.

Be Aware of Time Limits

Understand the statute of limitations for medical malpractice claims in your jurisdiction, as there is a time limit within which you must file a lawsuit.

Conclusion

Medical malpractice can have severe consequences for patients and their families. Understanding the concept of medical malpractice, recognizing common examples, and knowing the steps to take if you believe