Medical Malpractice: Some Crucial Information, Including the Different Types of Mistakes That Qualify as Medical Malpractice
People trust medical professionals tremendously, and these professionals provide satisfactory treatment in most cases. However, it is not out of the ordinary for patients to fall victims to medical malpractice. Unfortunately, negligence is not uncommon among medical professionals in the United States of America.
Doctors and other medical professionals owe you and your loved ones a certain standard of care. These professionals owe you a duty of care in deciding the treatment to give to you or your loved one. Additionally, medical professionals owe you and your loved ones a duty of care when administering the selected treatment. When a doctor fails to provide you or your loved one with the stipulated care, and causes a negative outcome, such as an injury, you can take legal action.
Victims of medical malpractice often suffer huge losses, but, fortunately, the law allows people to file lawsuits against at-fault parties. Through lawsuits, victims and their families often receive compensation.
To prove that a breach of the standard of care occurred, you must work with an experienced attorney and find a medical expert who can help prove negligence. To receive compensation, you will also need to show that your injury resulted from the medical professional’s breach. Additionally, you might only receive compensation if the harm caused is significant.
Anyone who has ever been a victim of medical malpractice can confirm that medical malpractice lawsuits are not as straightforward as many people may assume. For example, not all mistakes that medical professionals commit qualify as malpractice. Therefore, if you conclude that whatever error happened in your case is medical malpractice, and take the lawsuit to court immediately without consulting a qualified attorney, you might be disappointed to realize that you were wrong.
It can be challenging to determine the kind of errors that qualify as medical malpractice, especially if you are not familiar with medical malpractice laws. However, as much as it can be challenging to determine these mistakes, you should familiarize yourself with the following common errors that qualify as medical malpractice since these often support medical malpractice claims.
Types of Mistakes That Qualify as Medical Malpractice
Below are three common types of medical malpractice.
Diagnostic errors are among the most common mistakes medical professionals make. A doctor misdiagnoses a patient when they;
- fail to diagnose a disease,
- give an incorrect diagnosis, or
- diagnose a disease when it’s too late.
However, it is crucial to keep in mind that a case of misdiagnosis does not automatically mean medical malpractice. A doctor is guilty of misdiagnosing a patient if another reasonable professional in their position would have accurately diagnosed the patient on time using available and essential tools such as tests, and the patient’s history.
Failing to diagnose diseases on time or failing to diagnose the correct diseases denies patients the chance to receive proper treatment. A misdiagnosis can have devastating consequences. For example, failing to diagnose cancer could cost a patient their life.
If a medical professional misdiagnosed you or your loved one, leading to health deterioration or death, you could sue them for medical malpractice. However, consult a qualified attorney first before taking any action.
- Medication Errors
A medical professional could correctly diagnose a condition on time but still commit medical malpractice by prescribing the wrong medication. A medical professional can also make a medical mistake by administering or prescribing the wrong amount to a patient. When you take the wrong amount of medicine or the wrong medication, you could suffer an injury.
Suppose your doctor prescribed the wrong medicine or the wrong amount of medicine to you or your loved one and caused an injury or death. In that case, you can file a lawsuit with the help of your attorney.
- Surgical Errors
Before you undergo surgery, you must consent to the surgery and assure your physician that being fully aware of the risks involved, you allow them to proceed with the surgery. Generally, when you provide your consent, it means that anything that goes wrong is not the medical professional’s fault.
However, suppose the physician commits a mistake that another reasonable professional in their position would not have committed. In that case, you can sue the physician for medical malpractice.
Contact a Qualified Naples Medical Malpractice Attorney Today
To increase your chances of obtaining compensation out of your medical malpractice lawsuit, you must work with a qualified Naples personal injury attorney. Contact The Law Office of Marc L. Shapiro, P.A., today at 239-649-8050 to receive legal help.