Medical Malpractice Can be Subtle or Blatant

When you hear the words “medical malpractice,” horrific visions of surgeons amputating the wrong limb or leaving a sponge in someone may abound; however, medical malpractice is not always as egregious as these examples. Some forms of medical malpractice, with just as catastrophic results, can be as subtle as missing an accurate diagnosis in the emergency room, prescribing the wrong dosage of a medication, or delaying a treatment while waiting for tests results. Whether blatant or subtle, any medical malpractice can cause the patient serious injury and even death, and if you or someone you love has suffered due to medical malpractice, there is legal help available to recover your losses.

Medical malpractice cases can be time-consuming and costly. It is important to make sure that the medical malpractice case is strong and there is a good chance for recovery of damages. Determining the validity of a malpractice lawsuit with the aid of an experienced medical malpractice attorney is difficult, and their expertise will certainly help you wade through the mire of legal and medical paperwork and jargon.

How Is Medical Malpractice Proven?

There are certain key elements to medical malpractice cases, the first being whether the physician had a “duty to the patient.” This means determining whether the doctor actually agreed to treat the patient. If the doctor did agree to treat, then a certain standard of care is to be expected. Additionally, there are instances where the doctor may have a duty to people other than the patient. For instance, if a physician fails to diagnose that you have epilepsy and you have a seizure while driving and kill someone in another vehicle, then the physician’s failed diagnosis of your epilepsy not only hurt you but hurt/killed another person as well. The physician may be held liable for the injuries of other parties in a case such as this.

The second element of a medical malpractice case requires the presentation of expert testimony that defines what the acceptable standard of care is in a case and then explains how the physician did not administer proper care.

The last element is “causation.” Your medical malpractice attorney must prove that the physician’s actions caused harm. This is achieved through questioning, expert testimony, and medical evidence.

Examples of Malpractice

The following are some examples of the types of medical malpractice: