If medical treatment is below standard and the patient ends up hurt due to inadequate care, then it’s called medical negligence. Most general medical negligence can occur in any medical profession, with no exception.
Medical negligence can take on a virtually infinite number of forms. Here are a few types of medical negligence:
- An adjacent organ suffers harm during surgery
- The failure to diagnose an illness or give the correct treatment to the patient results in ineffectiveness or side effects.
- Physicians should avoid encouraging patients by saying they are fine, which only delays care, leading to damage. Cancer, in particular, is difficult to reverse, especially if it has been progressing.
- A dentist who is irresponsible and thus results in the patient losing teeth
- If a medication is prescribed at an inappropriate dosage, this is considered a medical error. Negligence in giving a patient the drug, administering the medication, or storing the medication could contribute.
- Worst of all, unnecessary surgery, for example, renders the patient unable to have children.
- An operation that yields serious harm or results in a decidedly unattractive outcome
- The inadvertent placement of a medical tool into a patient during surgery.
- Correct medical procedures or prescriptions are hindered by mistakes on the medical chart.
- The preoperative anesthetic supplied was ineffective or incorrect.
When an issue occurs where something goes wrong during childbirth, it can result in the loss of the infant or an accident that causes lifelong harm, such as brain damage.
Justifications for a Medical Malpractice Claim
A patient who wishes to make a medical malpractice claim must show that:
- A doctor has a legal duty to provide a level of care and does not meet that obligation.
- The patient was injured or became sick as a result.
- The patient’s injury was the result of negligence.
Standard of Care
“Standard of care” refers to a quality or procedure that doctors use. The laws vary by state and in some cases, the criteria are limited to doctors in the same region. In others, it applies to doctors nationwide. Surgeons with similar expertise can be held to the same standard.
“Causation” is a complex issue in medical malpractice, as every bodily system is interrelated. While it is possible that the therapy itself caused the harm, many medical personnel will claim that the injury occurred due to a pre-existing condition the patient already had.
Every kind of lawsuit has malpractice insurance companies providing lawyers for the medical negligence claimants.
Injury victims should look for a lawyer to represent them in negotiations that will recover their money on medical care. Most lawyers who find themselves in this predicament perform legal work on a contingency basis. The fees they charge depend on whether they can receive insurance claim settlement money from the medical malpractice insurance company. Successful negotiation of a settlement for the client typically involves obtaining a percentage of the funds as compensation. If the lawyer fails, they receive no compensation for the time invested.
Pain and Suffering
Sometimes, when the settlement includes money for pain and suffering, it is neither compensation for the associated expenditures nor a reward for pain and suffering experienced. In some states, a punitive damages award can be obtained if severe negligence or intentional misbehavior is involved. In such cases, damages will be authorized only to a certain extent.
When egregious negligence or misbehavior is present, local authorities may also take action against the physician or medical facility, possibly charging them with a criminal offense. These legal proceedings are not linked to a medical malpractice complaint. A civil lawsuit names the city or state as the plaintiff. The person suing the medical establishment because of an injury sustained during medical treatment is known as the “damaged patient” civil action. While each criminal and civil case would have one or more defendants in common, some of the defendants in each case will also be the same person. In the context of liability cases, the defendant is the individual who is accused of having committed medical malpractice.
Is Every Type of Medical Negligence Case Tried in Court?
More than 90% of these claims are settled without going to trial. Still, when parties cannot reach an agreement on a settlement amount, the matter is adjudicated in court. Once the judge or jury decides if the patient is eligible for compensation, they determine the amount awarded. Even if a lawsuit doesn’t get to trial, years of negotiations may occur before reaching a settlement. During that time, the lawyers on both sides of the case begin preparing legal documents that address the other party’s concerns.
Your Next Step
Cameron Law Group has the experience and expertise to be your advocate regarding medical negligence issues.
Call 954-994-2254 or get in touch today.