On average, a doctor makes just one or two mistakes during an average procedure. These may be minor and go unnoticed. However, other mistakes are severe and can lead to patients developing further problems.
This is termed medical malpractice. Over 40% of family physicians were accused of medical malpractice in 2021.
Unfortunately, mistakes are made, and patient losses are inevitable. But how do you spot when this is the case?
This guide takes a deep dive into what is medical malpractice. Continue reading to know more, including the most common types of medical malpractice which occur within the health industry.
Table of Contents
Types of Medical Malpractice
Medical malpractice is any professional negligence by a health care provider that leads to sub-standard treatment, resulting in injury or death. There are four main types of medical malpractice: diagnostic errors, treatment errors, failure to obtain informed consent, and breached confidentiality.
Diagnostic errors occur when a health care provider fails to correctly diagnose a condition or illness. This can result in delayed or incorrect treatment, which can be extremely dangerous.
Treatment errors occur when a health care provider prescribes the wrong medication or dosages. In other cases, one performs a procedure incorrectly or fails to monitor a patient properly.
Informed consent is when a health care provider fails to obtain consent from a patient before performing a procedure. This can be extremely harmful if a patient is not made aware of the risks involved.
Breached confidentiality is when a health care provider discloses confidential information about a patient without their consent. This can be damaging to a patient’s reputation and mental health.
How To Know If You Have a Case
In order to know if you have a medical malpractice case, you will need to consult with an attorney to get some legal help. Approach one who specializes in medical malpractice law to review the specifics of your case and determine if you have a claim. If you have a claim, your personal injury lawyer will file a lawsuit against the responsible parties on your behalf.
How To Prove Medical Malpractice
To prove that medical malpractice has occurred, it must be shown that the healthcare professional’s actions were negligent. To do this, the plaintiff (the injured party or their family) must retain the services of a medical expert who can attest to the fact that the standard of care was not met and that this deviation was the cause of the injuries or death.
Proving medical malpractice can be a complex and costly process, but it is important to hold negligent healthcare professionals accountable for their actions.
Damages in a Medical Malpractice Case
When filing a medical malpractice lawsuit, damages are typically the primary focus. Damages in a medical malpractice case can include both non-economic and economic damages.
Non-economic damages are more subjective in nature. They can include pain and suffering, emotional distress, and loss of enjoyment of life.
Economic damages have a certain monetary value attached to them. They can lose wages, medical bills, and future earning potential.
Now You Understand What Is Medical Malpractice
While medical malpractice can be a complex and nuanced legal issue, this quick guide provides a helpful overview of the basics to answer what is medical malpractice. If you or a loved one has been the victim of medical negligence, you may have a claim for damages.
An experienced medical malpractice attorney can evaluate your case. One can help you pursue the compensation you deserve.
If you found this article helpful, check out some of our other posts on the blog about health, education, and more.