Understanding Medical Malpractice

Medical malpractice cases are more common than we think. What is even more alarming is that very few medical malpractice victims file a lawsuit. This may be because patients are not aware of their rights or are intimidated by the legal process. In this blog post, learn more with this comprehensive guide on medical malpractice, including what it is, how to recognize it, and what to do if you have been a victim.

What is medical malpractice?

Medical malpractice happens when a healthcare professional fails to provide the accepted standard of care, resulting in harm to the patient. This can happen in different forms, including misdiagnosis, surgical errors, medication errors, and birth injuries.

Not all negative outcomes in healthcare are due to malpractice. Therefore, to prove malpractice, the plaintiff must demonstrate that the healthcare provider acted negligently or recklessly, that their action or inaction caused harm, and that the plaintiff suffered damages, such as physical or emotional pain, medical expenses, or lost wages.

How can you recognize medical malpractice?

Recognizing medical malpractice can be challenging, especially if you are not familiar with medical terms or procedures. However, some red flags that may indicate malpractice include:

• The doctor or nurse refused to answer your questions or listen to your concerns
• Your condition did not improve, or it worsened despite medical treatment
• You experienced unexpected complications or side effects
• You were misdiagnosed or received the wrong treatment
• You were not informed of the risks or alternatives to a procedure or medication

If you notice any of these signs, seek a second opinion from another healthcare provider, preferably in a different facility. Additionally, you may request your medical records to review them for errors or omissions.

What to do if you suspect medical malpractice?

If you suspect medical malpractice, the first step is to communicate your concerns with your healthcare provider. Sometimes, misunderstandings or miscommunications can be resolved by talking openly and respectfully.

However, if you feel that your provider's response is unsatisfactory or that your situation warrants further investigation, you may consider contacting a medical malpractice attorney. A lawyer with experience in medical malpractice cases can review your case and advise you on the best course of action. They may also help you gather evidence, such as expert testimonies or medical records, and represent you in court if necessary.

What are the types of medical malpractice claims?

There are typically four types of medical malpractice claims: negligence, breach of contract, fraud, and failure to obtain informed consent.

• Negligence is the most common type of medical malpractice and is when the healthcare professional fails to provide the standard of care, resulting in harm to the patient.
• Breach of contract is when the healthcare professional fails to meet the terms of the agreement made with the patient, such as providing the agreed-upon treatment.
• Fraud refers to the intentional misleading or misrepresentation of information about the treatment.
• Failure to obtain informed consent is when the healthcare professional fails to obtain proper consent for treatment, medication, or procedures.

How can you avoid medical malpractice?

While patients cannot prevent medical malpractice entirely, they can take steps to reduce the risk. Some tips include:

• Research and choose your healthcare provider carefully
• Ask questions and seek clarification about your condition, treatment, and risks
• Keep a record of your symptoms, medication, and medical history
• Be honest about your health and lifestyle choices
• Follow your provider's instructions and attend follow-up appointments

Additionally, healthcare providers can prevent malpractice by adhering to the standard of care, staying up-to-date with medical knowledge and best practices, documenting procedures thoroughly, and being transparent with patients about risks and benefits.

Medical malpractice is a serious problem that can cause physical, emotional, and financial harm to patients. However, patients can protect themselves by understanding their rights and recognizing the signs of malpractice. In case of suspicion, seeking legal advice can help them pursue justice and compensation. Contact us today if you believe you are a victim of medical malpractice.