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Malpractice

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When you visit your doctor, you expect the best possible care, right?

While doctors get held to a high standard, mistakes can and do occur often. Doctors are not infallible, so they can’t always be perfect. Despite that, a medical mistake can be fatal.

What are the different types of medical malpractice? What are your legal options after such an incident? Keep reading to get all the details.

What Is Medical Negligence and Malpractice?

Medical malpractice happens when a patient gets injured by a doctor’s negligence. Negligence means the doctor failed to act with or provide reasonable care.

Here are the basic elements of medical malpractice:

  • A relationship existed between the patient and the doctor
  • The doctor failed to act with reasonable care
  • This negligence caused an injury to the patient
  • The injury led to damages

It’s challenging to distinguish between medical negligence and a reasonable error. How do courtrooms make a determination? Often, medical experts testify on behalf of the victim.

Malpractice examples usually mean the doctor’s care fell below the standard of care. It means another doctor would have taken a different course of action.

Common Types of Medical Malpractice

Can you imagine attempting to diagnose a wide range of health conditions daily? This is the reality for thousands of doctors.

Mistakes happen on a regular basis. Here are some of the most common examples of medical malpractice:

  • Misdiagnosis
  • Delayed diagnosis
  • Failure to diagnose
  • Medication errors
  • Unnecessary or wrong-site surgery
  • Improper aftercare
  • Failure to order the proper tests
  • Failure to consider a person’s medical history
  • Failure to warn patients about the risks of treatment

Medical errors are currently the third-leading cause of death in America. Victims who survive continue to suffer from physical pain and financial loss. What are a victim’s options?

Criminal and Civil Remedies

Victims injured by malpractice may have both criminal and civil legal options. You can pursue criminal charges to punish the perpetrator, or seek a civil lawsuit.

Medical malpractice is sometimes considered a crime. Criminal sanctions are usually reserved for incidents that involve one of the following elements:

  • Extreme recklessness
  • A clear intention to hurt the victim
  • “Never” events like wrong-site amputation
  • Intentionally performing unnecessary procedures for financial gain (health care fraud)
  • Death or disability caused by gross negligence

Medical malpractice suits seek financial compensation from the responsible healthcare provider. Compensation in these malpractice suits pays for medical bills and pain and suffering.

Are you considering filing a medical negligence claim? Reaching out to a Vanderbilt medical malpractice lawyer is your best option. An attorney will help you access the medical witnesses, evidence, and legal tools you need.

Recovering From Medical Malpractice

These types of medical malpractice all have serious consequences on a patient’s life. Physical harm may be irreparable, but there are legal remedies available to you.

Have you or a loved one ever suffered from medical malpractice? Were you able to seek out criminal or civil justice? Share your stories with us by leaving a comment in the box below.

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Believe it or not, medical malpractice is a more common occurrence than you would think. The fact that someone in a medical position could make a mistake isn’t nice to think about, but it’s something that does happen.

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On average, three billion is spent every year on medical malpractice payouts. That’s a huge amount of money, isn’t it? That’s just how much is spent in the US, let alone across the rest of the world. Then there’s the fact that medical malpractice is, in fact, one of the most common causes of death. In the US alone, medical malpractice is the third most common cause of death. That’s a high statistic for something that in most cases is avoidable. Of course, there are times when it’s no avoidable. It’s important to remember that accidents can happen.

A lot of people prefer not to talk about medical malpractice, but it’s something that needs to be talked about. Believe it or not, it can happen to anyone. And when it does, medical malpractice can have life-changing results. Whether a medical procedure has gone wrong or the incorrect drugs were prescribed, medical negligence can have a big impact.

What are the results of medical malpractice?

Being a victim of a medical mistake can have a range of side effects, depending on what actually went wrong.

For example, there are cases where the wrong limb was amputated, changing the person’s quality of life forever. There are cases where drugs that have been linked to cancer have lead to a patient suffering from this disease. Then there are birth defects caused by a pregnant woman being described the wrong medication. You get the idea; medical malpractice can be any medical procedure or drug that is accidently done or prescribed and has adverse results.

What can you do about it?

If you’ve been the victim of medical malpractice, the first thing you need is proof. This is important as without proof, you have no evidence that the medical professional who treated you is behind what’s happened.

Once you’ve got proof, the next step is to get legal help. Ideally, you want to opt for specialist help. For example, if you have been prescribed a drug that’s caused damage to your body or your unborn child, you need to consult a drug injury lawyer. It’s always best to hire a specialist in their field, as this makes it more likely that you’ll win your case.

Is there a way to prevent it in the first place?

Whether or not we are able to prevent medical malpractice is somewhat of a gray area. While being proactive about your care, researching medicines, and choosing good facilities can help. It’s important to understand that accidents can still happen. No matter what, you’re not ever in complete control of medical treatment. Accidents can happen. However, they are rare.

Medical malpractice is a rare but growing issue, especially in western medicine. Each year, the amount of cases of medical accidents and injuries rise, with more and more people being seriously affected.