If a patient is harmed by a doctor, nurse, or other medical professional who does not provide the proper health care treatment, then this is medical malpractice. More often than not, this does not happen. There are several common cases that make up the bulk of medical malpractice court cases. It is important to understand that just because a patient is unhappy with a course of treatment that a doctor decided to go with, this does not mean medical malpractice occurred. Even if a doctor makes a mistake, this does not mean that medical malpractice occurred.
In order for an incident to be consider medical malpractice the doctor or medical professional must have been negligent in the situation. This means that the doctor was not reasonably skillful or competent. This competence lead in the patient being injured or harmed in some way.
A large percentage of medical malpractice cases or complaints are due to misdiagnosis or a delayed diagnosis. Due to this a patient might have missed treatment opportunities that could have prevented harm to them or could have even prevented death. For these cases an individual would have to compare what the doctor treating them did to how other competent and professional doctors would have treated you. In these situations the key is to compare what your doctor did or didn't do to someone who specializes in the medical assistance and treatment that you would have needed.
Another number of medical malpractice claims occur during childbirth. If a childbirth injury had occurred due to negligence from a doctor, nurse, or medical professional, then this could be a medical malpractice case. Some of the injuries that are included in a scenario like this are brain injuries (cerebral palsy or seizure disorders), fractured bones, and nerve damage that impaired the child from controlling the arms and hands. This medical professional malpractice could have occurred before the childbirth during prenatal care or during the childbirth.
Another form of medical malpractice is due to medication errors. According to a 2006 study, medication errors harm approximately 1.5 million people in the U.S. every year. These errors occur from the initial prescription and administration of the drug, a patient could have been harmed by a medication that was prescribed to treat a misdiagnosed condition, or if the patient is given way too much or way too little of a drug.
Anesthesia errors and surgery errors are two other forms of medical malpractice. Anesthesia errors are more dangerous than surgery errors in many cases. A small error by an anesthesiologist can lead to permanent injury, brain damage, or death. This can occur if a doctor fails to investigate a patient's medical history before the procedure, fails to inform the patient of potential risks, gives the patient too much anesthesia, does not monitor the patient's vital signs, or used defective equipment.
A surgery error that is considered medical malpractice can occur if the surgeon is negligent during the procedure. This is more complex and the rules will vary from state to state.
If you have been a victim of medical malpractice, contact a lawyer today. Palacios law Group can help!