It May Be a Mistake, But Is It Medical Malpractice? 8 Ways to Tell

IS THERE LEGAL LIABILITY?

by Contributor

(Jun. 26, 2019) — Mistakes happen with any job, but how do you know if something is legally medical malpractice? Here’s how to get an idea before you call a lawyer.

Medical errors are the third leading cause of death in the US.  As a patient, you should stay alert, and keep an eye on your doctor’s actions. If the unfortunate happens and your doctor endangers your health, you can file a medical malpractice suit against them.

What Is Medical Malpractice?

Medical practice occurs when doctors cause harm to patients because of negligence and recklessness. However, it is never simple to prove medical malpractice due to various factors such as the complexity of treatment and conduct of the patient.

Mistakes happen with any job, but how do you know if something is legally medical malpractice?

Here’s how to get an idea before you call a lawyer.

  1. Accident Versus Negligence

First, you will need to determine whether an error occurred due to accident or negligence. An error amounts to negligence when a doctor does not take reasonable care to ensure the safety of the patient. For instance, a doctor who does not use the permitted standards of medical treatment acts negligently when a patient dies from treatment complications.

On the other hand, accidents refer to incidents that occur without a human being’s fault.

However, you should note that proving negligence takes a lot of consideration to the existing circumstances. For example, if a doctor happens to sever an artery during a heart operation, the court may rely on past statistics to determine negligence.

In such a case, the court may find your attending doctor negligent if the data shows that such accidents rarely occur in practice.

  1. Errors

Errors occur in everyday life. However, some errors amount to negligence in medical practice. The medical malpractice definition shows that some errors can lead to legal liability.

First, physicians can make an error of judgment that will amount to medical malpractice. For example, the doctor may select the wrong method of treatment that results in catastrophe. The prosecution will prove negligence by showing that a competent health care practitioner would have had the ability to choose the most suitable approach to treatment.

Secondly, doctors can make operational errors that denote the procedural aspects of treatment. Did he or she sever a visible artery? Did they make the incorrect incisions?

Such errors should encourage you to hire a medical malpractice attorney.

  1. Wrong-Site Surgery

One of the simplest ways to identify medical malpractice is to determine whether the medical attendants conducted surgery on the designated part of the body. Do you have an issue with the legs but the doctors decided to deal with the hands?

In such a case, do not hesitate to lodge a medical malpractice court in the nearest court.

  1. Wrong Patient Surgery

In some cases, doctors may operate on the wrong patients. The unnecessary surgery could cause unwanted scars on your body and lead to other unnecessary complications.

Do not suffer in silence in such an eventuality; pick up your phone and call a medical malpractice lawyer.

  1. Tissues or Organ Damage

You should note that some of the harm that occurs to patients attracts legal liability regardless of the level of competence and standard of care shown by the doctors.

For example, some surgeries may result in damaged organs. You don’t have to worry about the expenses as your lawyers can help you to recover damages through a medical malpractice suit.

  1. Nerve Damage

You should also know that surgeries that result in nerve damage result in medical malpractice. Doctors have the responsibility to improve the health of their patients.

Therefore, when they accidentally harm your nerves, you should seek legal advice on a possible suit. Call a skilled malpractice lawyer who specializes in this service.

  1. Medical Malpractice Resulting from a Foreign Object Found in the Body

Have you heard cases of individuals living with lodged bullets in their heads? Have you also heard of patients living with scalpels in their bellies? Well, you already know that the case of the scalpel in the belly can only result from a surgeon’s negligence.

How else would you explain the occurrence?

Cases of foreign objects left in the bodies of patients have plagued doctors since the establishment of medical malpractice. Unlike other incidents of malpractice, doctors will hardly get away with such a case.

Individuals with foreign objects in their bodies will subsequently develop inflammations and other infections. It could result in multiple complications. Don’t hesitate to sue the involved surgeon.

  1. Recklessness

The courts often assess the doctor’s conduct to determine the level of negligence attributable to an error or accident. The medical profession requires its members to act modestly for obvious reasons.

The ethical rules show that they should not drink alcohol when performing their duties. You should strive to assess the sobriety and demeanor of your doctor before and after a surgery that results in an error. Even traffic rules indicate that you should not drink and drive because the temporary incapacitation could lead to accidents.

Therefore, any indication of intoxication should amount to medical malpractice.

Hire a Qualified Lawyer to Handle Your Medical Malpractice Lawsuit

Medical malpractice will occur mainly through the failure of doctors to take reasonable care in treatment. It could result from recklessness, negligence or some accident that causes irreversible harm.

You should note that some cases won’t amount to medical practice. For example, you cannot sue for failure to treat an untreatable condition. Doctors will also not attract any liability when they can prove that the patient’s condition escalated in the course of treatment.

You should also remember that the courts have set high standards in the determination of negligence to avoid frivolous suits against medical practitioners. Ensure that you have hired qualified malpractice lawyers who will gather enough evidence to support your medical malpractice case.

Good luck and keep tabs on our site for more insights.

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