A doctor or care facility ensures the adequate treatment and care of patients; they swear to treat their residents with respect and dignity. However, even with established rules and preventive measures, injuries can occur if someone is not up to the task, fails to provide urgent attention, or intentionally creates a situation for future injuries. All these relate to medical malpractice, in which the victim suffers severely. That’s why there are certain rules defined by state and federal law to protect the legal rights of individuals. To know whether your situation resulted from a physician’s wrongdoing or if it’s just your disbelief, one must understand what medical malpractice means and includes.
Being a victim of medical malpractice is unfortunate and can be life-altering. If you have been in a similar situation, you can protect your legal rights by suing the responsible party for a claim. Hire a seasoned lawyer or an associate firm like RSH Legal, with years of experience and a high success rate.
What Is Medical Malpractice?
Medical malpractice occurs when physicians fail to deliver care that complies with standard medical principles. Both acts and omissions are considered malpractice. For instance, if a medical professional administers you below the level of care that any other equally trained doctor would offer, this constitutes malpractice.
If a medical practitioner fails to act reasonably while treating someone, performing surgery, or prescribing medications, their actions are considered medical malpractice. Furthermore, if the doctor has used every available resource to treat you according to the defined standards, then that’s not a personal injury case; it might be a case of disbelief.
Healthcare facilities such as nursing homes, hospitals, and clinics have to deliver competent care. This includes doctors, surgeons, anesthesiologists, dermatologists, and nursing staff. They can all be held accountable, including associated individuals and their overseeing authorities.
Types of Medical Malpractice:
Any significant mistakes that showcase a failure of the healthcare provider to offer the accepted level of care can be considered medical malpractice. Some common occurrences lead to several injuries and even death, which one must be cautious about.
Common medical mistakes:
- Misdiagnosis: A doctor treating your wounds and symptoms with the wrong diagnosis. For instance, an ER may examine your condition and say it is just heartburn; meanwhile, a competent doctor with similar training and education will determine that the patient is having a heart attack.
- Delayed Diagnosis: A prompt diagnosis is crucial for conditions like heart attacks, strokes, bleeding, head injuries, and aggressive cancers. If the physician fails to provide timely care and urgent attention to the patient, worsening their condition and injuries, then it’s a case of medical malpractice.
- No Informed Consent: Before undergoing any major or over-the-counter surgeries, the healthcare provider must brief you about the risks and procedures involved in the treatment, including the aftereffects. Failing to do so can aggravate scenarios for medical malpractice.
- Birth Injuries: Many things can go wrong when a pregnant woman is undergoing labor and giving birth. Babies are delicate and vulnerable to injuries like fractures and brain damage. If the birth process is not handled properly, mistakes can affect the mother and the child.
- Anesthesia Errors: Anesthetists administer anesthesia while the patient undergoes surgery. They review the patient’s medical history and monitor them before, during, and after the surgical treatment. If the anesthetist delivers too much or too little anesthesia, it can lead to serious consequences. Examples include allergic reactions, oxygen deprivation, heart attacks, waking up during surgery, brain damage, coma, blood clots, and even death.
- Amputation injuries: failure to identify an infection, diagnose vascular conditions, or situations like diabetes. Operating on the wrong patient due to pure neglect, using infected or non-sterile injections or medical devices, or amputating the wrong limb or tissue instead of the damaged ones. All these amount to amputation injuries.