When medical care falls short of expectations, it is called medical negligence. If a patient is injured due to medical malpractice, the patient may bring a medical malpractice case. If a patient dies, their family may pursue a wrongful death claim. When this happens you need a dedicated personal injury attorney that can assist with getting you the compensation you deserve.
Keep reading to learn more!
Surgical malpractice is the most prevalent kind of medical carelessness. However, it can occur with any nurse, physician, medical technician, or medical facility. Medical malpractice comes in a wide variety of forms and many of them can have long-lasting effects on both the injured and the family.
Examples of Surgical Malpractice
- During surgery, a nearby organ was damaged.
- A misdiagnosis that results in either no treatment or improper therapy for the illness.
- A doctor assures a patient that everything is OK, resulting in a delay in treatment and harm.
- This is especially dangerous if the condition is progressing, as it is in the case of cancer.
- A dentist causes a patient’s teeth to fall out as a result of their carelessness.
- An erroneous medicine or a medication prescribed at an unsafe dose. This might be due to a doctor’s, a nurse’s, or a pharmacist’s carelessness in prescribing, administering, or dispensing the medicine.
- Unnecessary surgery leads to the patient’s inability to bear children.
- A botched cosmetic treatment that results in an injury or a highly unattractive outcome.
- During surgery, a medical device was unintentionally left inside a patient.
- Medical record errors that result in improper medical treatments or medicines.
- Anesthesia that was delivered incorrectly or ineffectively before surgery.
- A misstep committed during childbirth results in the infant’s death or severe harm, such as brain impairment. This type of medical malpractice frequently results in cerebral palsy.
The Challenge of “Causation”
A patient must show:
- That the medical professionals had a duty to provide a standard of care and failed to do so.
- That the patient suffered an injury or injuries.
- The damage was caused by the alleged medical negligence to have a medical malpractice claim for medical negligence.
What does it mean to have a “standard of care”?
The meaning differs from one state to the next. Some regulations limit physicians in the same geographic region, while others apply to all doctors across the country. A cardiac surgeon, for example, will be held to the same level as other surgeons in the same area. If they performed differently in comparable circumstances than other cardiac surgeons, that surgeon might be deemed to be medically negligent.
Because the human body comprises interrelated systems, it can be complicated to determine the “cause” in medical malpractice cases. Medical professionals may claim that the harm was caused by the patient’s condition rather than by the treatment.
Psychologists and psychiatrists can be sued for medical malpractice. Still, these cases are far more difficult to establish because the injuries are not just non-physical, but the causation is also complicated.
In any instance, the malpractice insurance company’s attorneys would almost certainly try to claim that the damage was not caused by medical misconduct.
As a result, those injured are encouraged to employ a lawyer to assist them in negotiating a settlement to recoup their losses. In this case, lawyers operate on a “contingency” basis, which means they are not paid until the client pays them. Their fees are reliant on the medical malpractice insurance carrier paying a settlement. If the lawyer successfully gets the client a payment, they will be paid a portion of the money. If the lawyer fails, they will not be paid for the service. As a result, attorneys strive to achieve favorable settlements for their clients.
Type of Settlement
In some areas, the settlement may include cash for pain and suffering, which is a payment for the emotional stress caused by the damage rather than a refund for expenditures. If there is extreme carelessness or wrongdoing, several states provide for “punitive damages.” The amount of compensation that can be awarded in such cases is frequently limited. For non-economic damages, for example, in California, no more than $250,000 can be granted.
When a physician or medical facility is found guilty of severe negligence or wrongdoing, the local authorities may pursue criminal charges against them. This is not the same as a medical malpractice lawsuit. The plaintiff in a criminal case is either the city or the state. The wounded patient is the plaintiff in a medical malpractice lawsuit, referred to as a “civil” action. However, one or more defendants would appear in both criminal and civil trials. The defendant is the party or parties claiming to have been medically negligent and defending the lawsuit.
The health department will only take away a doctor’s medical license in situations of extreme negligence.
Do All Medical Malpractice Cases End Up in Court?
The majority of these lawsuits are handled out of court. Still, when the parties cannot agree on a settlement sum, the matter is taken to trial. After that, a judge or jury decides whether or not the patient is entitled to compensation and, if so, how much. Years of discussions might pass before a case goes to trial. During this time, the lawyers on both parties draft legal papers in response to the other party’s queries. These materials are known as “pre-trial discovery.”
Parties’ depositions are often taken. These are interviews in which the attorneys for the opposite party can ask questions.
It is relatively uncommon for a settlement to be reached in the courthouse during the jury selection process. This strategy tries to force both sides to give in by pushing them into a wall. The plaintiff wants the defendant to give in by increasing the settlement amount. Still, the defendant wants the plaintiff to accept the existing settlement offer. If possible, no one wants to take a matter to trial since the expenses of going to court are significantly higher than out-of-court settlements.
However, suppose a defendant’s counsel feels that declining a high settlement demand will save money. In that case, a trial will almost certainly be held.
Doctors, nurses, and surgeons are required to adhere to the highest standards of practice and professionalism. However, no matter how skilled a doctor is, they are just human. As a result, accidents are possible.
Or even worse, that you or someone close to you may be a victim of medical or clinical negligence.
But what exactly is clinical negligence, and how can it harm you or your loved ones?
Medical negligence is described as a breach of a medical professional’s duty of care to a patient, whether that patient is you, a close relative, a kid, or someone else. Many actions or omissions can be classed as a breach of this duty of care, but the following are some of the more common:
- Failure to provide you with adequate notice of any hazards associated with your treatment.
- Failing to acquire the necessary consent to conduct a surgery or treat a patient
- Failure to take adequate precautions during surgery, resulting in damage or deformity
- Failure to refer you to a specialist or consultant promptly
- A failure to diagnose medical concerns or difficulties or a delay in interpreting them.
- Prescriptions for medications that are inaccurate or inappropriate
If a physician, nurse, surgeon, or other medical practitioner behaves in an improper or wrong manner, they may be considered negligent under the law.
But now that you’ve learned what carelessness is, do you know what to do if you’re a victim of medical malpractice?
What Should I Do If I’m a Victim of Medical Negligence?
Suppose you believe you have gotten inappropriate treatment or have been the victim of medical malpractice. In that case, the first essential thing to do is not panic and obtain a second opinion from a doctor about your illness or symptoms.
You may choose to explore seeking compensation for the injuries or anguish caused by clinical negligence once treatment has commenced and your condition has been brought under control by a medical expert.
You’ll need professional assistance to do so.
Who to Call
If you think you’ve been a victim of medical malpractice, pick up the phone and call your local medical negligence lawyer. We’ll be delighted to assist you.
You can reach Cameron Law Group at 954-994-2254. Do you have questions? Visit us here