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

Autos4 hours ago

4 Reasons to Replace Your Car’s Engine With Performance Parts

Performance parts are the best kind of upgrades you can make to a car. Performance cars have a higher price...

Maximum Power: Update Your Old House For Modern Electrical Needs Maximum Power: Update Your Old House For Modern Electrical Needs
Home Improvement4 days ago

Maximum Power: Update Your Old House For Modern Electrical Needs

An outdated electrical system can wreak havoc on your energy bills and greatly increase your risk of structural damage. If...

Key Techniques To Learn On A First Aid Course Key Techniques To Learn On A First Aid Course
Health2 weeks ago

Key Techniques To Learn On A First Aid Course

Introduction First aid training is an incredible qualification that can enable one to offer life saving assistance in an emergency....

Best Tips For Managing Your Building and Construction Projects Best Tips For Managing Your Building and Construction Projects
General3 weeks ago

Best Tips For Managing Your Building and Construction Projects

Building and construction projects consist of many tasks, from job-site duties to office paperwork. Juggling it all can oftentimes be...

How To Choose The Best Locksmith For The Job How To Choose The Best Locksmith For The Job
Home Improvement3 weeks ago

How To Choose The Best Locksmith For The Job

The existence of a locksmith is very crucial for society because they help out countless people on a daily basis....

5 Modern Conservatory Ideas To Create A Serene Escape 5 Modern Conservatory Ideas To Create A Serene Escape
General4 weeks ago

5 Modern Conservatory Ideas To Create A Serene Escape

Having a serene and relaxing conservatory is the dream, especially in the summer months. Creating an extension of your home...

4 Different Types Of Lifting Equipment For A Construction Site 4 Different Types Of Lifting Equipment For A Construction Site
Business4 weeks ago

4 Different Types Of Lifting Equipment For A Construction Site

One of the biggest challenges on a construction site is the problem of lifting heavy materials and tools to a...

5 Tips That Can Help Your Business Flourish 5 Tips That Can Help Your Business Flourish
Business1 month ago

5 Tips That Can Help Your Business Flourish

Many, both small and big, businesses were affected by the outbreak of the novel coronavirus, no one was spared. Overnight,...

Why First Aid Training Is Essential For Your Business Why First Aid Training Is Essential For Your Business
Education1 month ago

Why First Aid Training Is Essential For Your Business

Introduction All employers, depending on the establishment, should organize and provide basic appropriate conditions for lunch breaks as well as...

Are You Covered? Tips For Finding Affordable Health Insurance For Your Whole Family Are You Covered? Tips For Finding Affordable Health Insurance For Your Whole Family
Lifestyle1 month ago

Are You Covered? Tips For Finding Affordable Health Insurance For Your Whole Family

If you are in the market for health insurance, you may be overwhelmed by the many different features and the...

How to Prevent Potential Hazards In A Lab How to Prevent Potential Hazards In A Lab
General1 month ago

How to Prevent Potential Hazards In A Lab

Unfortunately, lab accidents can happen. When they do, the consequences can be very serious. Some of the most common lab...

How to Extend Your UK Spouse Visa How to Extend Your UK Spouse Visa
Travel2 months ago

How to Extend Your UK Spouse Visa

The UK spouse visa is also known as a UK marriage visa. The UK spouse visa allows married partners of...

How Best Is Automation Helping The Retail Industry to Survive? How Best Is Automation Helping The Retail Industry to Survive?
Business2 months ago

How Best Is Automation Helping The Retail Industry to Survive?

“In the post Covid-19 world, the only place cos are willing to invest is in automation. The return on investment...

Best Artificial Intelligence Trends to Watch Out In 2021 Best Artificial Intelligence Trends to Watch Out In 2021
Tech2 months ago

Best Artificial Intelligence Trends to Watch Out In 2021

Technologies are getting advanced day by day, and according to that, the developers and the mobile app development companies should...

Keeping Your Assets Safe — Crypto Insurance May Soon Become The Norm Keeping Your Assets Safe — Crypto Insurance May Soon Become The Norm
Markets & Finance2 months ago

Keeping Your Assets Safe — Crypto Insurance May Soon Become The Norm

Many people all over the world have compared the cryptocurrency market to the wild West, largely because of the fact...

Categories

Archives

Trending