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 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.
Can You Use Residential Property for Commercial Use
Having extra income, constantly flowing in can make all the difference in the current economy. Getting creative with how you...
Running a Business? How to Minimize Supply Chain Issues
Supply chain issues have always been an issue for businesses but over the last few years, the effect and widespread...
How to Increase Your House Value Before Selling
Increasing home value is the first step to making your place more attractive for future buyers. Whether you are trying...
Why Calorie Control Is Still The Best Way To Diet
There are a great deal of different options when it comes to dieting, every day there seems to be a...
The Benefits Of Trade Credit Insurance For Your Business
Trade credit insurance provides cover for businesses who trade on a credit basis. If the people who owe money for...
5 Charming Restaurant Decor Ideas In 2022
Making your restaurant memorable and stand out is a feat worthy of praise. The sheer pressure of wanting to succeed...
Bank Won’t Fund Your Business? 4 Loan Alternatives To Get You Started
Businesses typically require some sort of collateral or proof of concept before funding their business venture. However, it is possible...
Planning A Stag Do
If you’re a Best Man then you’re in a unique position of responsibility, and before the day itself when you’ll...
What Triggers Eczema | Tips to Reduce Eczema Flare-Ups
Eczema is a skin condition that can induce redness, itchiness, and skin inflammation. Its root cause is not fully understood,...
Women’s Fashion Trends To Expect In 2022
A new year means new fashion trends. We cannot wait for what is in store in 2022. It seems that...
Home Makeover Trends: Insights from The Pros
Are you considering a home makeover but don’t know where to start? You’re in luck! In this article, we will...
Interior Design Trends 2022
We all spend time pining over other people’s interior’s on Pinterest or Instagram, but with these trends, it’s easy to...
Top Commonly Overlooked Car Maintenance and Repairs
Maintaining a car is a huge responsibility. There’s a lot that goes into that given how complicated a machine it...
What Is The Difference Between Strata and Property Manager
Real estate is a diverse market, and as such, it can be hard to determine the differences between various types...
Sleek Home Upgrades That Will Luxe Up Your Life
Sometimes we need a vast endeavor to make our home look extravagant and cheek but very often you can implement...
Tech7 years ago
Creating An e-Commerce Website
Tech7 years ago
Design Template Guidelines For Mobile Apps
Business6 years ago
The Key Types Of Brochure Printing Services
Business2 years ago
What Is AdsSupply? A Comprehensive Review
Travel10 years ago
Who Else Wants Also Nfl Hat
General7 years ago
Kobe Bryant With His Unique Nba Jerseys
Tech8 years ago
Why Small Businesses Can't Ignore Mobile Technology
Tech7 years ago
Climb Google Using These Checklists