You may have heard the term “medical malpractice” before, but you may not be familiar with what it means. When you experience medical malpractice yourself, it becomes increasingly important to understand its complexities. In this guide to medical malpractice, we will outline all you need to know about this type of legal lawsuit and how to proceed if it happens to you.
What Is Medical Malpractice?
Medical malpractice occurs when a hospital, doctor, or other medical professional, causes an injury to a patient through negligence or omission. The negligence or omission could occur during diagnosis, treatment, post-treatment care, or general health management.
What Are Some Examples of Medical Malpractice Cases?
Medical malpractice cases are extremely varied and can occur across all facets of healthcare. Some common examples of medical malpractice cases include:
• Anesthesia error – If an anesthesiologist administers an incorrect dosage of medication to a patient, it can result in serious, long-term health complications (e.g., liver damage).
• Traumatic childbirth – During complicated deliveries, a patient may suffer from an umbilical cord prolapse, which can result in brain damage to the fetus if the doctor doesn’t act quickly enough.
• Undiagnosed heart disease – Chest pains can occur for a number of reasons, so if a doctor misdiagnoses the patient and misses a severe heart complication, the patient could suffer a heart attack and die due to negligence.
The Elements of Medical Malpractice Lawsuit
There are three main elements of medical malpractice lawsuits. These are:
• The Violation of Standards of Care – Standards of care are the measures that a healthcare professional is expected to take while caring for a patient. These treatment principles are recommended in medical training and are deemed acceptable by medical experts. When a medical professional deviates from these standards, this represents negligent behavior and can put a patient at a significant risk.
• Injury Directly Cause by Negligence – If a claimant is filing a malpractice lawsuit, they must be able to prove that their injury is the direct and correlated result of the healthcare professional’s negligent act. They must also prove that the injury resulted from the deviation from the standards of care.
• Damages – Finally, the claimant needs to prove that the injury resulted in income loss, extreme pain, disability, or extreme medical bills.
What to Do If You Have Suffered From Medical Malpractice
If you have experienced medical malpractice, it is vital that you seek justice. By filing a claim, you will not only improve your chances of getting the compensation you need, but you’ll ameliorate your odds of getting the peace of mind you deserve.
To optimize the process, it is advisable to hire an attorney. These experts are well-versed in the legalities of such cases; they know how to leverage the details of your circumstance to build a strong case. They work diligently to understand your situation and advocate on your behalf.
Plus, medical malpractice lawyers can be found across the country, meaning you won’t have any trouble finding an excellent one in your region. For example, if you’re in Miami, you should seek the assistance of a medical malpractice attorney.
If you have been the victim of medical malpractice, it’s essential to familiarize yourself with what it is and its elements. By reading this guide, you have taken an excellent first step in doing exactly that. With this knowledge, you’ll be able to navigate your legal proceedings with confidence.