Medical Malpractice Must be Proven by the Patient
The patient claiming medical malpractice must show that they suffered from the medical error or action, endured a hardship, has chronic pain, has a loss of income, or the mishap resulted in a disability either short, long-term, or permanent. Medical malpractice lawsuits are common throughout the United States.
The patient must also prove that the doctor or staff acted negligent when performing care that resulted in injury. The patient must prove that,
- A professional duty was owed to the patient
- The professional showed a breach of duty
- The patient’s injury caused the breach
- This breach resulted in damages.
Where Do Medical Malpractice Cases Occur?
- In any department of a hospital
- A walk-in clinic
- An after-hours clinic
- A doctors office
- A rehabilitation facility
- A nursing home or long-term facility
- Assisted living home
- A laboratory
- A hospital or neighborhood pharmacy
If a patient is unhappy about the outcome of a surgical procedure or treatment, it does not imply that the professional was negligent in their actions. There must be an injury, harm, or death. The patient suing for medical malpractice must prove a high element of damage in the patient. The National Medical Malpractice Center in the United States records between 15,000 and 19,000 medical malpractice lawsuits against doctors every year. Defining medical malpractice can differ between states.
We hear much about medical malpractice, but what is medical malpractice, and how do we define this action?
Medical malpractice can be physical, mental, or emotional damage by medical personnel. This medical personnel can be anyone in the medical profession who does any medical procedure or action. Medical malpractice usually involves a medical error that takes many forms, such as seen in the following scenarios.
- The wrong diagnosis
- The correct diagnosis but to the wrong patient
- The doctor orders the wrong medication or the proper medication in the wrong dosage.
- Surgical procedures on the wrong patient
- Surgical procedure on the right patient but the wrong side of the body or area.
- Failing to order the proper treatment or aftercare
- The attending doctor orders the wrong medication for a patient
- The nurse never questions the doctor and gives this wrong medication causing side effects.
- Unnecessary surgery
- Premature discharge
- Failure to order appropriate testing or follow through with the results
- Leaving surgical items inside the patient
- Chronic pain after surgery
- Acquiring fatal infections in the hospital with no follow-up or incorrect follow-up
- The development of bedsores
- Nursing staff threatening to without medication or treatment
First Scenario Example
- A patient is having a surgical procedure on their left leg.
- The surgical prep team fails to question the patient as to what leg the surgical procedure is scheduled.
- The surgical prep team marks the wrong leg for surgery
- The surgeon doctor never questions the patient before surgery.
- The patient is taken to the operating room, and the wrong leg is prepped after the patient is sedated. Consequently, the surgery is done on the opposite leg, and the patient tells the doctor the sad news after they awaken from anesthesia.
Second Scenario Example
- The patient was suffering from signs and symptoms of cardiac arrest
- The nurse did not attempt to call a code on the patient
- The patient died
Medical malpractice defines itself when the medical professional fails to provide the appropriate treatment, fails to take appropriate action, gives substandard care that causes temporary, long-term, permanent harm, injury, or death to the patient. Any medical malpractice causes an element of stress for the patient and their family.
The laws overlooking medical malpractice say patients can sue for compensation for any harm done to them, resulting in substandard care. In a medical malpractice lawsuit, the doctor may not be the only one in error. The medical error may cause a chain effect that involves several other medical staff, and everyone must share the blame. Even though a patient may think they have a medical malpractice case, the attorney and patient must consider several factors before the patient files a medical malpractice lawsuit.
Medical malpractice can occur in other situations aside from medicine, such as,
- A facility fire
- Instances of suicide
- Unidentified medication side effects such as a blood thinner creating excess bleeding
- Failure to get informed consent by a patient for a procedure or surgery Failure of the doctor to advise the patient of all the risks involved when scheduling a surgery, a diagnostic test, a medication, or other.
A Call To Action for Fair and Just Compensation from Medical Malpractice
We understand the stress that a medical negligence lawsuit creates. However, the patient must be compensated in some manner for pain and suffering. The determination of compensation depends on the level of medical malpractice the patient suffered.
Malpractice episodes can create untold patient costs. If you or your family feels that a medical malpractice episode wronged you, please give us a call as soon as possible. Time is of the essence due to the statute of limitations in some states. Our first consultation is free, and there is no obligation to tell us the details.
We want to hear your story, and our seasoned malpractice attorneys can tell you if there is a strong enough case to file a medical malpractice lawsuit. We will discuss the whole legal process with you if we take your case. We are here for you and your family and will fight for your rights. From the beginning of your case, we remain by your side to the end when you win a fair and just settlement.
