Featured News 2013 Back to the Basics: What Constitutes as Medical Malpractice?

Back to the Basics: What Constitutes as Medical Malpractice?

If you or a loved one is a victim of medical malpractice, it is very likely that you have dealt with months of pain and suffering. Not to mention the wages lost, extensive medical bills, and so much more that is a result of a tragic act of malpractice. Medical malpractice is essentially something that is done by a medical professional (doctor, nurse, technician, etc.) that causes physical injury or further illness to a patient. Whether this is messing up in surgery, failure to diagnose, or a nurse neglected to clean your bed pan for a week; all of these are considered to be acts of negligence or malpractice. And in the event that you or someone you know has experienced one of these categories, contact a medical malpractice attorney in your area immediately to begin the legal process of fighting for compensation for your suffering and loss. Below you will find a brief summary of some of the requirements for filing a medical malpractice claim.

First, you need to be able to prove that the accused was in fact your doctor; or otherwise related to your treatment. For example, if you met a doctor at a bar and they told you it sounded like you had a disease and then you buy medicine and get sick; you can hold them accountable. You must be able to prove that the doctor(s) were specifically working on your case as assigned by the medical center. Next, you will have to be able to prove to the court that they were negligent in some fashion. Whether this means depriving you of the necessary treatment, not working on you with care and precision, or improperly diagnosing you. A wrong diagnosis in of itself does not mean malpractice, with the help of your attorney you must be able to show that they failed to act carefully in your diagnosis therefore causing either intentional or negligent harm.

If the actions performed by the doctor resulted in injury, then you can also consider filing a medical malpractice claim. This means that if you were healthy and then you are suffering as a result of their actions. In the event that you were already ill or injured, you will need to be able to prove that their work made it more severe because of negligence. Essentially, you must be able to show that the doctor was incompetent in some fashion. Perhaps these injuries also resulted in having to take even more time off of work and you suffered lost wages as a result or you incurred medical bills that you were not planning for. If you are able to prove that their wrongful actions led to this you may have a claim.

If the doctor somehow improperly treats your illness, and other medical professionals would agree that this was not the right choice of action, you may be able to prove your claim. Also, even if the doctor chose the correct route of treatment, if they are unable to accomplish the task properly this may also be malpractice. Another responsibility of the medical professional is to warn all patients of the possible risks for their medications or treatments; this way if kidney stones are a natural occurrence the doctor or hospital cannot be held liable. If they fail to do so, and the patient did not offer their consent for treatment; then there may be a medical malpractice case.

The possibilities can go on and on when it comes to medical malpractice and acts of negligence. If you or a loved one are at all concerned that you have been a victims of medical malpractice leading to further injury, illness or even wrongful death, contact an attorney in your area today to discuss your case!

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