What is medical malpractice?

What is medical malpractice?

Medical malpractice can be defined as a form of negligence exhibited by a healthcare professional when they are supposed to be taking care of their patients. When healthcare professionals fail to meet their expected standard of care, there can be negative impacts felt by their patients after their lack of care. The standard of care that is expected from medical professionals can be based on the standard that is practiced by their peers and the institutions that they are associated with. There are many different forms of medical malpractice that can be exhibited by doctors. These may include: failure to diagnose, delayed diagnosis, surgical mistakes, emergency room mistakes, prescription errors and overdoses, labor and birth injuries, anesthesia errors, inadequate consent, hospital-acquired or post-surgical infections and improper care and follow-up.

When patients believe that they have experienced a case of medical malpractice, they should report it and then there can be an investigation into the matter. This can expose their behavior and may even show that it is not something that only happened once. This may be able to help other patients that have experienced a similar situation or that may come to them in the future. During this investigation, it is important to provide any evidence possible to your attorney. This can help build a case against your medical professional. If you are able to build a case against them, it may prove that their negligent behavior was the reason for your medical emergency. This can show that they are not capable of this job or they have made a terrible mistake.

If patients have a valid case involving medical malpractice, they may seek compensation for this offense. Medical professionals may be liable to pay them damages for what they have suffered from. This can include damages for their medical bills and for their pain and suffering. Through this compensation, they can gain payments for medical bills, lost wages and future wages. Make sure to get legal counsel at this time because medical professionals will try to protect themselves as much as they can. Your attorney can help you receive what is entitled to you and prove your case. 

If you see a physician, you trust that he or she is acting in your best interest. After all, it is their job. Most physicians try their best to help you regain your health, and most physicians take all the necessary precautions in order to safely do so. However, if you find yourself in a situation where a physician was less careful than he or she should be and you sustain injuries because of it, there is a good chance you are entitled to compensation. If you believe you are a victim of medical malpractice, contact an experienced and knowledgeable attorney today.

What qualifies as medical malpractice?

While we all hope physicians will help us in our time of need, there are certain times where he or she cannot. Therefore, a mistake on his or her part does not always qualify as negligent behavior. Sometimes a physician exercises all the necessary precautions before and after your treatment and you are still sick or injured in some way. This may not count as medical malpractice. In order to file a medical malpractice personal injury claim, you must prove the following: there was a violation of the standard of care, you suffered an injury due to the medical professional’s negligence, and that your injury resulted in significant damages.

How do you prove a physician’s negligence towards the standard of care?

There are several different examples of medical malpractice, and every single one may have a significant impact on your life. Here are some scenarios that if proven, may help you win a medical malpractice case:

  • Failure to order proper testing
  • Premature discharge
  • Failure to recognize symptoms
  • Misreading or ignoring laboratory results
  • Rejecting or ignoring appropriate patient history
  • Unnecessary surgery
  • Anesthesia errors
  • Hospital infections
  • Surgery errors or wrong-site surgery
  • Improper medication or dosage
  • Failure to diagnose or misdiagnose
  • Premature discharge

If you lost a loved one due to another party’s negligence, you and an attorney may bring a wrongful death claim or have a representative of the estate bring a survivor’s action against the negligent party.

Albers & Associates is comprised of experienced personal injury, criminal defense, and family law attorneys. Our firm is proud to serve clients in Baltimore, Maryland. If you require strong legal representation that will fight to protect your future, contact the attorneys at Albers & Associates to schedule a consultation.