23 Jul What Constitutes a Medical Malpractice Case?
When you are going into surgery or you are going in for some other type of medical care you are putting trust in medical professionals and it can be devastating to learn that something has gone wrong, this is especially true when a mistake on the behalf of a negligent medical professional leads to a lifelong injury or disability. This is why victims of medical malpractice should seek the justice that they deserve. Find an experienced medical malpractice lawyer, like one available at Daniel E Stuart, PA.
Medical malpractice is defined as negligent treatment by a medical provider which includes doctors, hospitals, nurses, chiropractors, therapists or other medical practitioners. A medical provider that does not act in a manner that is considered to be the acceptable standard of care in the diagnosis or treatment of the condition can be held responsible for damages that result including pain and suffering, medical bills, loss of wage or wrongful death. However, a common misconception about medical negligence is that the responsibility for this negligence falls solely on doctors. Any licensed medical practitioner can be found guilty of medical malpractice.
- Hospital Staff
Some common examples of medical malpractice which can occur in a variety of scenarios in a variety of manners, is typically a medical professional making a mistake or using improper judgment during treatment. Listed below are some of the most common types of malpractices seen in the medical field:
- Birth injuries
- Gynecological and obstetrical malpractice
- Surgical errors
- Emergency Room negligence
- Anesthesia errors
- Misdiagnosis or delayed diagnosis
- Failure to diagnose cancer
- Medication errors
- Brain injuries
- Patient neglect
- Failure to obtain necessary patient information
A common question that most medical malpractice lawyers receive is are nursing home injury or abuse cases consider medical malpractice? The answer is no unless the resident questioners receiving medical treatment at the time, harm resulting from injury or abuse while residing in a nursing home or long-term care setting is a lawsuit in its own right, for medical malpractice claims require the existence of a doctor-patient relationship not just residence based care. This is in fact true for nursing home abuse cases being a lawsuit of its own, and not falling out of medical malpractice because oftentimes the caretakers in these residential homes are not medical professionals. They have a limited scope of what they are allowed to do.
As always, a medical malpractice lawyer can help you know if you’ve medical malpractice case. It is important to know that an adverse medical outcome does not immediately translate to medical malpractice, even when a professional acts with the highest level of knowledge and care, things are out of their control and can go wrong. To demonstrate that you have a valid claim, you must meet the following elements:
- A doctor-patient relationship must’ve been established by agreement or treatment that was received.
- A duty or standard of care was established which states the legal obligation of the medical professional to provide care that meets the accepted standard of care in the medical community for that specific type of treatment or illness or diagnosis.
- A breach of duty of care occurred, meaning that the professional did not uphold their obligation.
- The breach of care was the primary cause of injury, which can be proven by medical records and testimony.
- The injury caused damages, whether that’s medical expenses, pain and suffering, lost wages or other damages.
Contact a medical malpractice lawyer today if you believe that you or someone you care about was injured because of the negligence of a medical professional.