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Medical Malpractices Lawyer – Meaning and Definition
A medical malpractice lawyer is a lawyer or attorney who litigates cases for patients or their survivors fighting the cases against doctors for medical malpractice. A medical malpractice attorney negotiates a deal with the insurance provider and if things are not settled to expectations, he may file a lawsuit.
But before going further let us understand what medical malpractice is.
What is Medical Malpractice?
The term medical malpractice refers to any error or misconduct on the part of a medical professional while treating a patient. These medical professionals include doctors, nurses, and paramedics.
As per the American Board of Professional LiabilityAttorneys (ABPLA), medical malpractice can be defined as a situation where a doctor, nurse, or paramedic commits an act of negligence while diagnosing, treating, or providing care or aftercare to a patient that may result in an injury, damage or loss of life. Here are some examples of medical malpractices that deserve the attention of a medical malpractice lawyer.
- Errors in diagnosis, or misdiagnosis
- Reading the medical reports incorrectly
- Not paying attention to laboratory findings
- Performing surgery without a reason
- Performing surgery at the wrong place
- Administering wrong medicines or dosage
- Not providing the right follow-up or aftercare
- Early discharge from the hospital
- Not taking patient's history properly
- Not prescribing the right kind of tests
- Not paying attention to symptoms
Criteria Determining Medical Malpractice
Aren’t you sure whether or not the negligence involved with your falls in the category of medical malpractice? Do you want to know the criteria involved with treating the cases under medical malpractices? Before hiring a medical malpractice lawyer, here we are describing the determining criteria for medical malpractice.
Medical standards not followed
There are certain standard medical procedures that need to be followed while treating particular types of medical conditions. These procedures are recognized by the concerned regulatory medical bodies. These procedures are called standards of care. As a patient, it is your right to expect that your medical professional is providing care in accordance with these norms. If he violates these standards, you should consider hiring a medical malpractice attorney as a case of medical malpractice may need to be filed against him.
Injury caused due to negligence
Simply violating medical norms doesn’t amount to medical malpractice. But a patient needs to prove that he has to go damaged or injured due to this medical malpractice. Here it is worth mentioning that undesired results of treatment can’t be considered medical malpractice. Negligence without injuries can’t be challenged in court as medical malpractice. Your medical malpractice attorney would better decide on this.
Damage caused due to negligence
Proving malpractice is really hard. You have to prove it through the reports and testimony of numerous medical experts. To make their claim valid a patient or his dependent must prove that the patient has got a disability, loss of wages, or great suffering due to negligence. Seek the advice of a medical malpractice attorney.
Signs of Medical Malpractices
You have chosen a good hospital for your treatment where every medical professional is highly trained. But still, you can suffer medical malpractices. Errors in diagnosis can be made, wrong physiotherapy can be given or even wrong medicines can be administered. Even if you are not a doctor, there are several signs that hint at medical malpractice.
Lack or failure of diagnosis
You have visited a doctor for your ailment who has failed to diagnose your disease. In some cases, there are devastating results of failure in diagnosis. Cancer and infectious diseases are a few examples. If your doctor fails to diagnose cancer at an early stage, it may get to an advanced stage where treatment could be difficult. Cancer in the early stage can be treated well and cured.
Likewise, if a doctor fails to diagnose infection at an early stage, then the infection may spread to other parts that could be difficult to treat.
People who have undergone such a situation may hire a medical malpractice lawyer to consider legal options.
You are not improving with treatment
If you have been taking treatment for a particular disease and you are not responding to it well, it could be a sign that you have not been diagnosed well and the medicines given are not right.
Your treatment is not commensurate with your diagnosis
If you have found that your treatment is not commensurate with your diagnosis then you may have suffered medical malpractice. Sometimes doctors may operate on patients for a minor problem that could have been treated with medicine.
Sometimes reverse is true. Your doctor doesn’t perform surgery where it is a necessity.
Both these situations come under the purview of medical malpractice law.
Your doctor doesn’t prescribe extensive test
Some complex diseases require extensive testing. If your doctor diagnoses you with a serious illness just after basic testing then don’t think he has saved your money, instead, he has misdiagnosed you. If you have suffered due to not performing extensive testing your medical malpractice attorney guide you on how to exercise legal options.
The second opinion differs
When it comes to serious diseases, you can’t just rely on a single doctor or hospital. It is always wise to seek a second opinion. If the second opinion differs then your doctor may not have diagnosed you correctly. If you seek a third opinion and it supports a second opinion then it is certainly a case of malpractice. Go, search for a good medical malpractice lawyer.
The hospital is understaffed
If you have got admitted to a hospital that couldn’t serve you properly due to a lack of staff then it is a clear case of malpractice. Hire a lawyer who deals with medical malpractice.
They erred during surgery
Sometimes doctors make a mistake during surgery that makes the situation further complex. If you have developed a symptom different than the original problem then you may smell the wrong surgery. Confirm it with another doctor and hire a medical malpractice attorney as you may need to file a case of malpractice.
They didn’t follow-up
Most times follow-ups are required to keep an eye on the patient. Good doctors want to know whether the situation of the patient is improving. If they don’t follow up and your condition worsens then it be a case of medical malpractice. You should start searching for a malpractice lawyer.
What are the Common Medical Malpractices
Medical malpractices are very common and anyone related to the medical fraternity will vouch for that. But there are certain malpractices that are very common. Here we turn the spotlight on them.
Childbirth Injuries
Childbirth has been an important part of a couple’s life. Couples pay a lot of attention to safe childbirth. But this most important event of their life is not without medical malpractices. Here are some of the common injuries that can be caused before, during, or after childbirth.
- If the standard of prenatal care is poor that it may cause injuries.
- If the pediatrician or medical staff carrying out childbirth is not trained enough and uses forceps wrongly or puts excessive force while bringing out the baby from the birth canal then it may cause injuries.
- There are situations when the umbilical cord is entangled around the neck, face, or nose of the baby. If the situation is not handled well then it may cause injuries.
- If your doctor is not able to find out the fetal distress then it is considered major medical malpractice.
- In some stages of childbirth, performing a C-section becomes the need of the hour. If the doctor is not able to do this, then it is a case of medical malpractice.
- During childbirth, medical assistants may drop, shake or mishandle the baby which is serious medical malpractice.
- Not giving mothers adequate information about the prenatal health condition of their child is also medical malpractice.
- If you feel that you have faced any such negligence you can search for a medical malpractice lawyer.
Surgical or Procedural Malpractices
Are you or anyone close to you going through an emergency or planned surgery? There is enough staff to carry out this surgery safely. A set of procedures have been set for it. Here we turn the spotlight on some of the major surgical or procedural malpractices which deserve the attention of your medical malpractice lawyer.
- Sometimes surgeons operate on the wrong part of the body.
- There are instances of surgeons operating on the wrong person.
- Leaving tools, gauges or other medical equipment inside the body is also medical malpractice.
- The inability to give proper anesthesia is also a major malpractice.
- Not following the standard medical procedures before, during and after pregnancy also falls in the same category.
- If you have suffered such a situation, then you should look for a lawyer that specializes in medical malpractice law.
Misdiagnosis or Delayed Diagnosis
Misdiagnosis or delayed diagnosis consists of a large part of medical malpractices. A delayed diagnosis worsens the disease and increases the cost of treatment. The patient may not recover completely or in some cases even die. Here are the major medical malpractices related to delayed diagnosis.
- Failure to identify signs and signals of a disease in time. Such a failure sometimes leads to the death of the patient.
- Failure to prescribe a test to know more about the disease.
- Failure to refer the patient to a higher hospital in time. Some patients can be managed at the hospital and they need to be sent to a higher hospital for adequate treatment.
- Test results are not explained properly.
- Test results are missing.
- Errors were made during performing the test and analyzing the results
- If you are a victim of any of these conditions you may consider looking for a lawyer who specializes in medical negligence.
Prescription Drug Errors
Malpractices related to prescription drugs may vary from small health issues to death. Here we list some of the major prescription drug malpractices.
- When a doctor prescribes the wrong medicine for an illness it is referred to as a prescription drug error.
- Even if the prescribed medicine is right, some doctor prescribes the wrong dose, either too much or too less.
- Inability to identify allergic reactions and fatal interactions of different medicines.
- Inability to find out symptoms of addiction, abuse, or drug overdose.
- If you have suffered prescription drug malpractice, your medical malpractice lawyer will tell you about the options available in law.
Treatment Inability Malpractice
The inability to treat is also one of the major malpractices. Here we list some of the major malpractices related to the inability to treat.
- Releasing a patient soon after admission
- Not giving proper follow-up instructions
- Failure to prescribe the right medical test
- Not keeping in view proper medical history before prescribing a treatment regimen
Things to Do After Suffering Medical Malpractice
Have you just undergone treatment and suspect that you have suffered medical malpractice? Or, are you suffering due to the negligence of your health professional? In such conditions, you need justice and get compensated adequately. But it is easier said than done. You need to hire a medical malpractice lawyer. But before you have to follow certain steps failing which your road to justice and compensation is not going to be easy.
Keep your medical records safe
If you want to sue your healthcare provider for medical malpractices then the first thing you should do is to keep your medical records safe. The medical records related to your care are highly important.
Proving medical malpractices are highly difficult and it gets more difficult when some of your records are missing. Having medical records will prove that you have got physical injuries and damages that need to be compensated. With medical records in hand, your lawyer is well-equipped to file the lawsuit.
Approach a medical lawsuit lawyer
Once you have known the malpractice and secured the document, it is the right time to approach an experienced malpractice lawyer. The attorney will help get you more medical records and decide on a course of action. His presence will bring a professional approach to your case.
Report the malpractice
One thing where most victims of medical malpractice make a mistake is not reporting it. The matter should be immediately reported to the state licensing board which will investigate the matter. Here the malpractice lawyer will guide you on how to file the complaint.
Don’t talk about it on social media
You might feel like venting your anger on social media. But while doing so you may reveal details that a defendant attorney could get an edge. You should stay away from it if you have plans to file a medical malpractice case.
Don’t compromise your health
As you have got an injury or damage, you should pay equal attention to your health as well. Seek out the best medical advice while keeping your malpractice attorney in the loop.
File a lawsuit
If you and your medical attorney are not satisfied with what is offered to you as compensation then you should consider filing a lawsuit. If the insurance company has failed to assess your situation and has not compensated you well then ask your malpractice lawyer to take legal action.
Frequently Asked Questions
People suffering from medical malpractices have several questions. Here we answer prominent among them.
How to know that you have suffered medical malpractice?
There are several things to know to be sure that you have suffered medical malpractice. If you’re not responding well to the treatment then it is a sign. If a second or third opinion differs from the original diagnosis it is also a sign. Doing an undesired surgery or not doing necessary surgery also falls in this category. An understaffed hospital also indicates medical malpractice.
Against whom I can file a lawsuit in a medical malpractice case.
The ideal answer is you can sue anyone who has committed a mistake. In most cases, a lawsuit is filed against a doctor but sometimes people also sue a nurse, anesthesiologist, or other staff for their negligence.
How much compensation I can expect from a medical malpractice case
It depends upon a number of factors. Most damages are compensatory damages where compensation is paid for financial, physical, or emotional sufferings.
However, there is also a provision for economic damage where the victim is compensated for the cost of treatment (including future treatment) and loss of income.
Define ‘standard of care’ in medical malpractice cases.
Standard of care is also referred to as standard medical care or best practice or standard therapy. This is the treatment recognized by medical experts as the appropriate treatment for certain diseases. As it is standard therapy it is used by a large number of professionals.
Define statute of limitation in the context of medical malpractices case.
In simple words, a statute of limitation can be defined as a period or window in which a victim can file a claim. Usually, it starts from the date of the incident. However, it may be extended in certain circumstances. The statute of limitation may be extended on the basis of the discovery rule.
What are damage caps? Define in simple words.
Damage caps can be defined as the compensation amount a medical malpractice victim can receive. It is often (not always) awarded by keeping inflation in view. It has been introduced as a check and balance mechanism to ensure that the jury can’t do a favor to the plaintiff or defendant.
Should I hire a medical malpractice lawyer?
It is not necessary. However, it is always wise to do this if you want to win the malpractice claim as medical malpractice lawyers are highly experienced in collecting medical documents and hiring experts to testify.
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