By definition, medical malpractice is a situation whereby a patient is harmed by a healthcare professional. More specifically, malpractice refers to care or treatment that results in an injury or even death due to healthcare provider negligence or recklessness.
The one common attribute in any medical practice case is that the medical professional’s course of action fell short of the acceptable standard of treatment and care expected.
Not every case whereby a patient’s condition worsens is eligible for filing a claim for medical malpractice. Only when the basic standards of care were not met, either due to recklessness or outright negligence, can patients claim their rights in malpractice lawsuits.
Malpractice occurs when medical professionals are aware that their actions or failure to act may lead to serious consequences, and when they proceed despite that knowledge. In medical malpractice, this failure of treatment or care results in a patient’s injury or death.
Medical malpractice claims must meet certain specifications:
A study conducted by Johns Hopkins determined that medical negligence follows cancer and heart disease as the third leading cause of death in the United States.
Medical malpractice lawyers are well-versed in medical negligence and malpractice proceedings. If you or a loved one has suffered harm due to the action or inaction of a healthcare professional, a medical malpractice lawyer can assist you in explaining whether it is practical to pursue a lawsuit.
It’s a question our legal experts hear often:
What is the difference between medical malpractice and medical negligence?
On the surface, the two terms appear similar. They do have some things in common – in fact, medical negligence can be a cause of harm that brings grounds for medical malpractice lawsuits. At the same time, there are important differences to be aware of.
Patients expect and deserve to be provided with medical treatment that takes advantage of all the knowledge, skill, and diagnostics available. Medical negligence happens when there is a failure in general duty of care.
Doctors have a professional duty to their patients. Any breach of those duties may be viewed as medical negligence. The same holds true for hospitals and other medical institutions.
Medical negligence may also be called ordinary negligence. Ordinary negligence occurs when a person – even someone with no specialized skills or training – fails to exercise care or duty toward another.
Many types of medical malpractice lawsuits find their way through the legal system. Birth injuries, traumatic brain injuries, nursing home abuse, and surgical accidents are common examples.
If you file a medical malpractice lawsuit, you may receive a settlement that covers expenses including:
When a healthcare provider fails to meet the basic standards of care set forth by Federal and state governments, there may be multiple parties held responsible for causing harm depending on the injury and outcome.
Ultimately, the responsible party depends on several different factors, including whether the facility or worker was accountable for the injury. This often depends on the relationship between the worker and facility.
Anytime negligence to meet basic standards of care or abuse is the factor that leads to injury, the following parties may be held responsible for medical malpractice injuries depending on the circumstances:
Doctors: Individuals responsible for meeting basic standards of care for patients.
Nurses: Individuals responsible for providing basic standards of care to patients.
Anesthesiologist: Individuals responsible for anesthesia during surgical procedures.
Midwifes: Individuals responsible for assisting during childbirth.
Dentists: Individuals who are responsible for patient dental care.
Chiropractors: Individuals who provide chiropractic care to patients.
Occupational/Physical Therapists: Individuals who provide professional therapeutic care to patients.
If you or someone you care about has been injured due to medical malpractice, take the following steps against medical practitioners to claim your rights.
If you believe you have been harmed by a healthcare professional Select Justice can help you fight for your rights and compensation.
We will begin with a free case review. After our review we will be able to provide you with an experienced attorney who will advise you on the best course of action for your needs moving forward.
We are here to help you and loved ones advocate for justice. Feel free to send us any questions you might have, either about an injury or the process for pursuing justice so we can help you exercise your rights.