Connect with us

Law

What You Need To Know About Medical Malpractice

What You Need To Know About Medical Malpractice

Medical malpractice cases fall under the umbrella of personal injury law, and if you believe you were a victim of negligence while receiving care, you may have a case. If you are looking to learn more, here is an overview of this type of case. If you think you have a legitimate claim, it is imperative you meet with an attorney as soon as possible.

What is Medical Malpractice?

Medical malpractice is the failure of a health care provider to provide an established standard of care, and in doing so, caused injury or death.

What is the ‘Standard of Care’?

Usually, each state has its definition of ‘negligence’ that is applied to personal injury cases. But, the ‘standard of care’ is defined by the medical community. It is not ‘optimal’ care or looking at what should have been done in hindsight. Essentially, it is defined as an action that would have been taken by another ‘reasonable’ health care provider had he been in the same situation.

This standard of care is typically defined by medical text, literature from health organizations, medical text and the experience of medical experts. Because this ‘standard of care’ is not something that is clearly defined to the letter, the testimony of experts is usually a necessary and crucial aspect of a case.

What You Need To Know About Medical Malpractice

What Constitutes Malpractice?

To claim medical malpractice, the bad result must have been directly caused by the health care provider’s negligence—even if a doctor was negligent but something else caused the issue, or you simply received a bad result with no negligence, it wouldn’t be considered malpractice. While these cases probably bring to mind suits against doctors, you can bring suit against any health care provider, such as a nurse, technician, optometrist or physical therapist.

A misdiagnosis is not necessarily grounds for malpractice—medicine is not an exact science, and doctors are not bound by any sort of law to be right each and every time—they are just expected to treat you in a way that is in line with the established standard of care.

Other situations that may constitute malpractice include, but are not limited to, surgical errors, prescribing the wrong medication, a nurse not following a doctor’s orders, failure to properly treat a condition or treat it at all and not providing informed consent.

When meeting with a lawyer, he will ask you detailed questions about your situation to determine whether you have a legitimate claim.

What is Contributory Negligence?

In any sort of personal injury case, any part the plaintiff may have played in contributing to the injury is taken into account. Depending on the actions taken, this may nullify any case you have, or reduce damages. This is referred to as ‘contributory negligence.’ One example would be if you are suing a doctor for failure to properly diagnose your cancer, but neglected to get a particular screening he recommended.

If you believe you have a case, you should meet with an attorney as soon as possible; you only have a certain window of time to file a suit, and while there are some exceptions to the statute of limitations set forth by your state, most people will be held to this time limit. Make sure the lawyer you choose has experience not only in this area of personal injury law, but with your specific type of injury.

Continue Reading

Recent Posts

How to Combine Traditional and Modern Furniture With Style How to Combine Traditional and Modern Furniture With Style
Home Improvement5 days ago

How to Combine Traditional and Modern Furniture With Style

Are you in love with both traditional and modern furniture styles? Do you feel like you can’t decide between those...

How to Organize Your Garage How to Organize Your Garage
Autos1 week ago

How to Organize Your Garage

Do you have so much stuff in your garage, your car is left out in the cold? Keep reading. Your...

Tips On Preventing Accidents In The Workplace and Keep Your Employees Safe Tips On Preventing Accidents In The Workplace and Keep Your Employees Safe
Business2 weeks ago

Tips On Preventing Accidents In The Workplace and Keep Your Employees Safe

Preventing accidents in the workplace is both the moral and ethical responsibility of every employer. Knowing that there’s a safety...

4 Surprising Ways SaaS Can Be A Game Changer For Small Business 4 Surprising Ways SaaS Can Be A Game Changer For Small Business
Business2 weeks ago

4 Surprising Ways SaaS Can Be A Game Changer For Small Business

The World Wide Web will never run out of tips and strategies on how to grow your business. These days,...

Understanding SaaS, PaaS, IaaS Prior to Selecting One For Your Business Understanding SaaS, PaaS, IaaS Prior to Selecting One For Your Business
Tech3 weeks ago

Understanding SaaS, PaaS, IaaS Prior to Selecting One For Your Business

Summary: Cloud Computing is rising at a faster pace, and it’s crucially important for organizations to move to the Cloud...

5 Tips to Avoid Federal Tax Penalty For Taxpayers 5 Tips to Avoid Federal Tax Penalty For Taxpayers
Finance4 weeks ago

5 Tips to Avoid Federal Tax Penalty For Taxpayers

When you are undergoing a tax issue, then it is vital to have knowledge of what are you up against...

Spy App For Android A Tool For Keeping Workplace Spy App For Android A Tool For Keeping Workplace
Tech1 month ago

Spy App For Android A Tool For Keeping Workplace

Dealing with routine matters has been a lot easier and stress-free thanks to modern technology. Want to order food, use...

How to Create A Backyard Zen Oasis How to Create A Backyard Zen Oasis
Home Improvement1 month ago

How to Create A Backyard Zen Oasis

The lifestyle of the modern era usually depletes one’s energy by the time they get home from work. Whether or...

Mistakes You Need to Avoid When Preparing Your CV Mistakes You Need to Avoid When Preparing Your CV
Education1 month ago

Mistakes You Need to Avoid When Preparing Your CV

Writing a CV can be hard. You have to somehow condense all your experience into 1 or 2 A4 pages....

Home Decor Trends For 2021: What You Can Expect Home Decor Trends For 2021: What You Can Expect
Home Improvement1 month ago

Home Decor Trends For 2021: What You Can Expect

This year, the Covid pandemic has had a huge impact on many different industries and sectors and one which has...

5 Ways to Protect Your Teeth This Christmas 5 Ways to Protect Your Teeth This Christmas
Health2 months ago

5 Ways to Protect Your Teeth This Christmas

Christmas is just around the corner and the preparations are well underway for the festive day, even if it is...

How to Create A Referral Marketing Program In 6 Easy Steps How to Create A Referral Marketing Program In 6 Easy Steps
Marketing2 months ago

How to Create A Referral Marketing Program In 6 Easy Steps

You may have heard of the benefits of a referral program. Besides helping you attract more traffic to your website,...

5 Important Web Design Considerations to Make For Better SEO 5 Important Web Design Considerations to Make For Better SEO
Tech2 months ago

5 Important Web Design Considerations to Make For Better SEO

Ever since the birth of search engines, practices in optimising websites for better search rankings have changed considerably. Where it...

4 Reasons For Your Teeth Becoming Sensitive 4 Reasons For Your Teeth Becoming Sensitive
Health2 months ago

4 Reasons For Your Teeth Becoming Sensitive

Having sensitive teeth can be a common issue for many, but it can also be a sign that you have...

How To Keep Your Business Clean & Sanitised How To Keep Your Business Clean & Sanitised
Business2 months ago

How To Keep Your Business Clean & Sanitised

If your business offers any kind of public-facing services, then you will likely be thinking a lot more about the...

Categories

Archives

Trending