Anyone who believes they have received substandard healthcare services should know what medical malpractice entails. Due to the delicate nature of their job, workers in the medical sector understand the need to show excellence and competence while treating people. However, if they fail to meet the expected standard, you can initiate a medical malpractice claim against them to pay for any damages you might have suffered.
The Meaning of Medical Malpractice
Medical malpractice refers to when a healthcare practitioner offers substandard medical care to a patient. It does not matter if it happened intentionally or by accident. According to attorney Russell J. Berkowitz, if a healthcare professional fails to act and provide care the way a reasonably competent provider with similar qualifications would, you can hold them accountable.
Any healthcare provider responsible for offering competent care can commit medical malpractice. The essence of a medical malpractice claim is to ensure a careless care provider faces the consequences of their actions.
Elements of a Medical Malpractice Claim
A victim of medical malpractice has the burden of proof, which means to recover monetary damages, you must successfully demonstrate some elements of a malpractice case. Specifically, you must prove these four elements:
- A healthcare provider has a professional responsibility to you.
- The healthcare provider failed to perform their responsibility; they behaved in a manner that no logically competent medical practitioner with similar qualifications and training would have done.
- You sustained injuries due to the care provider’s failure to perform their professional roles.
- You deserve compensation for the actual harm the caregiver caused due to their shortcomings.
The professional duty of care often commences when a healthcare provider accepts you as a patient and offers treatment or medical guidance.
Instances of Medical Malpractice
Some typical examples of medical malpractice include:
Misdiagnosis
Suppose a physician diagnoses you with an incorrect medical condition, thus recommending an incorrect form of treatment. In that case, it could be a form of medical malpractice. For instance, if an ER physician diagnoses a patient with heartburn when it would be apparent to a competent healthcare provider that the patient is having a heart attack, the misdiagnosis is medical malpractice.
Delayed Diagnosis
Every well-trained medical expert knows the importance of prompt diagnosis and treatment. Suppose a physician fails to promptly diagnose a medical condition when a reasonably competent professional would have spotted the issue. In that case, you can hold the physician accountable for losses you incurred as a result of the delayed diagnosis.
Wrong Treatment
Every well-trained doctor knows that the essence of treatment is to make their patient feel better. While no one expects perfection from them, you can hold them liable if they offered you a treatment no logically competent doctor would have given under the same context. For instance, if your care provider recommends supplements instead of chemotherapy to treat aggressive cancer, it could lead to a malpractice suit.
Failure to Obtain Informed Consent
Healthcare providers must obtain your informed consent before offering you any treatment. It means the doctor must explain a planned procedure to you and its risks and alternatives, which you must agree to before they can commence the treatment.
If the care provider skips the explanation and does not get your permission to proceed, it can lead to a medical malpractice case.
Treatment Mistakes
You can hold a doctor accountable if they made a mistake while treating you. While it is understandable that errors are unavoidable, a physician whose gross incompetence causes you harm should not get off scot-free.
Surgical Malpractice
Surgeons are highly trained medical professionals; however, victims can sue them for medical malpractice if they botch a procedure. It is often the case only in instances of grave errors.
For instance, if a surgeon leaves an instrument inside you or operates on the wrong body part, this malpractice can lead to severe injuries, and you deserve compensation for the damages suffered.
Wrongful Death
If a medical practitioner’s mistake leads to death, the deceased’s relatives can institute a wrongful death suit and claim damages.
Birth Injuries
Some things can get out of hand during delivery, and the effects can be lifelong for the mother and child. If such an injury is due to a caregiver’s negligence, it can cause a medical malpractice claim. For example, a caregiver who does not correctly observe a child’s heartbeat during delivery could face a malpractice claim for any consequent damage the child suffers.
Proving Medical Malpractice
It is usually challenging to prove medical malpractice claims due to their high technicalities.
First, as the victim, you must obtain copies of your medical history to ascertain what went wrong. Also, you will likely require expert witnesses who confirm that you received substandard care and fell below what a reasonably competent medical practitioner would have offered.
Furthermore, you must demonstrate that your healthcare provider’s negligence caused your injury. And this is easier said than done, especially if the victim has a severe underlying medical condition. For instance, a doctor who delayed the diagnosis of aggressive cancer may argue that he could not have salvaged the situation, even if he diagnosed it earlier. The victim would have to show that the delayed diagnosis harmed them.
Types of Compensation for Medical Malpractice
Everyone injured by a healthcare provider’s shortcomings deserves to be “made whole,” or receive fair compensation for their loss. Specifically, you can receive monetary damages for lost wages, emotional distress, medical expenses, and pain and suffering.
The Need for a Lawyer
An outstanding medical malpractice attorney can estimate your case’s worth to show you the fairness of a settlement offer. This will help you decide to settle the matter amicably or proceed to court.
Your lawyer can also help you decide if tort laws apply to your state. They could influence your right to recover damages because some states impose limitations on recovery in medical malpractice suits to minimize healthcare expenses. Hence, you should know your state’s stance to understand how to explore the right avenues to get your deserved compensation.
End Note
Medical malpractice occurs when healthcare providers fail to meet the expected standard of care, leading to patient harm. Understanding the elements and examples of medical malpractice is crucial for those affected. If you believe you’ve been a victim, seeking legal counsel is essential to secure fair compensation for your injuries.