What is Medical Malpractice?
Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. Such negligence by can include an error in diagnosis, treatment, or the way in which an illness was handled. If such negligence results in injury, a case for malpractice should be looked in to. Medical malpractice laws are designed to protect patients’ rights and to compensate them for any damages they may suffer. However, malpractice suits are often complex and expensive to win. Therefore, if you believe you have a malpractice case, it is important to consult with an attorney who will discuss your case with you to discuss your best options. Think you have a case? click here.
Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Examples of medical malpractice can take many forms, too numerous to list. Medical malpractice can include, however, misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, etc. In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts.
Medical malpractice is negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital, or hospital worker—whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence – that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient’s condition.
When a patient is harmed or suffers serious illness due to the negligence of a health care provider, he or she is a victim of medical malpractice. Medical malpractice is a complex area of law that requires experienced attorneys. Oftentimes until medical records are fully reviewed and investigated, it is impossible to know whether someone truly has been subjected to medical malpractice. Please see the practice areas or contact us directly for further information.