Most physicians and other medical professionals are gifted healers. Sometimes, however, a doctor fails to make a proper diagnosis, fails to treat a medical condition promptly, or neglects to administer appropriate care, and patients and their families greatly suffer. Beyond physical disabilities and overwhelming medical bills, victim of medical malpractice often must endure lasting emotional pain and suffering. These types of injuries fall under what is known as medical negligence or medical malpractice law.
Medical Negligence Law
It’s important to note that a medical procedure gone wrong does not necessarily mean that a health care provider was negligent. For a person to recover compensation against a physician, hospital, medical facility or nursing home for a medical malpractice lawsuit, attorneys must gather evidence from experts and prove that the health care provider (surgeon, nurse, pharmacist, paramedic, medical technician, etc.) failed to use and exercise the degree of care, skill and proficiency commonly exercised by the ordinarily skillful, careful and prudent health care provider engaged in a similar medical practice or procedure under the same or similar conditions.
This is referred to as the “medical standard of care.” Medical malpractice occurs when a health care provider fails to meet the medical standard of care, and that failure causes an injury or illness.
Types of Medical Negligence
Some of the most frequent types of medical negligence cases include the following:
- Physician or Doctor Negligence
A physician or doctor’s failure to properly diagnose and monitor a patient’s medical condition is one of the most common medical errors. Other types of doctor negligence include:- Medication / Prescription Errors
- Birth Injury (e.g. cerebral palsy, erb’s palsy, etc.)
- Surgical Errors
- Contaminated equipment
- Anesthesia Errors
With regard to the legal investigation, it is vital that the investigating attorney has all medical records regardless of whether the records are related to the specific treatment in question. Full medical disclosure allows an expert physician to provide an objective opinion. This opinion will help lawyers evaluate how the alleged negligence has affected the progression of disease or other medical condition.
For any medical negligence case to be actionable, the plaintiff patient must prove that the doctor, nurse or technician violated the medical standard of care. Although the patient may suffer ill effects from medical treatment, this alone does not necessarily mean that a health care professional committed medical negligence. Known risks are present in almost every medical procedure.
- Hospital Negligence
Apart from the negligence of a specific doctor or nurse, hospital negligence can occur if there is a breakdown in the procedures, protocols or policies that govern the delivery of medical care in the hospital. A hospital may also be liable for the acts of nurses, technicians and doctors who are incompetent or for injuries resulting from unsanitary facilities, improperly maintained equipment, undertrained employees, and other hazardous conditions. This form of medical errors can lead to extended hospital stays, increased medical bills, lost wages, emotional suffering, or even wrongful death. Similarly, if the hospital negligence results in a birth injury, the child may face a lifetime of costly rehabilitation and medical treatments.One of the most common medical errors cases arising in the hospital emergency room is the failure to correctly diagnose a patient’s condition. Obviously, delays created by incorrect diagnosis in the ER can result in serious medical complications and wrongful death.
- Nursing Home Abuse
Because many elderly persons are unable to monitor or judge their own healthcare needs, it’s important that they be monitored around the clock in a nursing home. Families should feel comfortable that their loved one is receiving quality medical care and life comforts that a high-quality nursing home can provide.Unfortunately, many nursing homes have encountered financial and staffing difficulties in recent years that have led to diminished patient care. Similar to cases involving medical negligence, in order for a nursing home abuse case to be actionable, there must be a violation of the medical standard of care.
In many cases, elder abuse attorneys can begin the legal investigation before they meet with the victim’s family. Because nursing homes are regulated by each state, information and historical data about the quality of care is available.
Medical Negligence Lawyer
When researching health care professional its important to make sure they are experienced and properly trained. For example, those looking to get breast augmentation, or body contouring procedures like liposuction or tummy tuck surgery should make sure their surgeon is certified by the American Board of Plastic Surgery. Although board certification or membersip in any society does not guaranteee a successful result it can dramatically reduce the chance of something going wrong.
In the event that you or a loved one has suffered medical negligence it is important that you consult with an experience medical malpractice lawyer.
