Medical Malpractice: Facts and Fiction

Medical malpractice occurs when medical care is receive that is below the standard of care that is accepted in the medical community. Care that is below the standard of care can cause injuries and death to those patients who receive it.

Medical malpractice cases can often be devastating, as some individuals may go in for a routine surgery and then never come out of the operating room. However, medical malpractice does not only occur in the operating room, but at any point throughout the entire process of medical care.

Examples of Medical Malpractice

When most people think of medical malpractice, the first thing that comes to mind is a mistake that happens during surgery, causing serious injury or death to the patient. However, medical malpractice can happen at any point of the process of receiving medical care, from the first appointment with the doctor to the discharge from the hospital.

Some types of medical malpractice aren’t caused by something that the doctor or medical professional does, but rather something that they fail to do.

If a medical professional fails to take action on behalf of the patient’s health, or fails to provide a diagnosis for a disease or medical condition, there may be a legitimate medical malpractice claim. Common examples of medical malpractice in terms of a medical professional failing to take action include:

  • Misdiagnosis or failure to diagnose a disease or medical condition
  • Failure to provide appropriate treatment for a medical condition
  • Unreasonable delay in treatment of diagnosed medical condition

A medical malpractice claim can be brought on by the individual who has been injured or by their estate. The claim can be against any medical professional who was negligent in the process of care, including:

  • Doctors
  • Counselors
  • Psychologists
  • Psychotherapists

In a medical malpractice case, it must be proven that it is more likely than not that what a medical professional did during the process of care was below the proper standard of care. It can be very complex to prove such cases, making it imperative to have an experienced medical malpractice attorney working on your behalf.

What is not Medical Malpractice?

While you would hope that the bedside manner of a medical professional is not rude, experiencing bad behavior at the doctors is not grounds for a medical malpractice lawsuit. While some things can go wrong due to improper behavior, the patient must suffer an injury as a result for there to be a legitimate case of medical malpractice. Medical malpractice attorney Chuck Boyk says that rude or verbal misconduct does not fall into the medical malpractice category.

There are also times in which care is received that is above the standard of care, yet bad results occur anyways. A bad results that occurs despite proper care is most likely not a case of medical malpractice.

Medical Malpractice Attorney

Since there are so many complexities when it comes to medical malpractice, it is very important to seek the guidance of an attorney if you feel as though you or your loved one is a victim of medical malpractice. To speak to the attorneys at our law office, call 800.637.8170. When calling in, you will have the opportunity to review your medical malpractice case with an attorney and learn more about your legal options. You can also request our free legal resource, The Ultimate Guide to Medical Malpractice to serve as a guide throughout the legal process. Request your copy when calling in, or order it online. 

 

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