Medical malpractice accidents are extremely tragic, and the consequences are far-reaching. We put our trust in healthcare providers to offer the best service and care possible. When preventable medical mistakes are made, not only are patients left to pick up the pieces, but it also hinders trust in the healthcare profession.
Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.
Walter Sammons, Jr. understands that mistakes are a part of life and can happen even if you have the best healthcare provider. Still, we believe that preventable medical mistakes should be documented, and those responsible should be held accountable for their actions.
Examples of Medical Malpractice cases:
- Failure to diagnose a medical condition
- Unnecessary surgery
- Premature discharge
- Surgical errors or wrong site surgery
- Delayed Diagnosis
- Failure to order proper testing
- Improper adminstration of medication
To be considered medical malpractice under the law, the claim must have the following characteristics:
- A violation of the standard of care – The law acknowledges that there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known as the standard of care. A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.
- An injury was caused by the negligence – For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.
- The injury resulted in significant damages – Medical malpractice lawsuits are extremely expensive to litigate, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. For a case to be viable, the patient must show that significant damages resulted from an injury received due to the medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.
Source: ABPLA.org
