How Do You Know If You Have A Case For Medical Malpractice?
While you go to a doctor with the expectation that the doctor will diagnose your sickness and provide the right treatment for you, there may be some chances of misdiagnoses as the result of your doctor’s negligence. This can lead to some serious injuries, if not noticed at an earlier stage. This is one of the examples of Medical Malpractice. A patient suffering as a result of the doctor’s negligence is considered medical malpractice. A doctor failing to perform his/her duties is not similar to making a mistake. A mistake is made unintentionally, while negligence is a consequence of the careless attitude of the doctor and failing to realise the seriousness of the situation. There are different ways a doctor can be careless about his/her duties. A doctor can be sued for medical malpractice; • Incorrect Diagnosis: When the doctor failed to diagnose the sickness and/or diseases correct, or delayed the diagnosis • Inappropriate Treatment: When the doctor treated the patient with incorrect treatment • Neglectful of Providing Right Information to The Patient: When the doctor was neglectful in providing the information to the patient relating to the risk surrounding sickness • Lack of Informed Consent: When the doctor treated the patient or performed the procedure without the consent of the patient • Technical Errors: When the doctors used a medical device that he had little knowledge of or when the doctor used it while knowing the device errors All of the above involve the Medical Malpractice and legal action could be taken against the doctor if he/she is found doing it. However, there are some aspects that one should be careful about before taking any legal action against the doctor. 2
The Negligence Of The Doctor Is Clear You have to make sure that the doctor’s negligence is absolutely clear. Perhaps the doctor tried his best and the results were still not in his/her favour i.e. the patient suffering was not alleviated but rather it was increased, in this case, the doctor cannot be sued as he did his/her best to treat the patient. The doctor’s negligence has to be clear i.e. he/she was clearly careless or neglectful while performing his/her duties that resulted in the injury of the patient. Must Read: What Is the Difference Between Malpractice and Negligence? 3
How Do You Know If You Have A Case For Medical Malpractice? The Negligence Led To Serious Damages The doctor’s negligence can result in serious damages or injuries to the patient. This may include physical injury, mental anguish, and loss of any ability. It can be financial damages such as additional medical bills and prescriptions to recover from the actual injury. When the doctor fails to provide the standard care due to negligence, the injured patient has the right to take action against the doctor. The Laws Surrounding Medical Malpractice Every country has specific laws surrounding Medical Malpractice. An injured patient can hire a Medical Negligence Lawyer for the legal proceeding for his/her case in front of the Civil Court. Thanks For Reading 4
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