Medical negligence or malpractice occurs when a medical provider fails to treat a patient with appropriate care. The key difference between these two types of negligence is intent. Medical malpractice involves an act of negligence that results in injury or harm to a patient. While the medical professional did not intentionally cause the patient harm, he did violate policy by failing to sterilize tools. In such a situation, the patient can seek compensation. In some cases, malpractice may be a civil matter.
One of the most common examples of medical negligence is failure to treat. Failure to treat a patient properly can have catastrophic consequences. For example, excessive force was used to remove a baby from the mother. An obstetrician may have neglected to use forceps or the umbilical cord was wrapped around the baby. Anesthesia may not be administered properly, and the baby may be mishandled. A negligent physician can also fail to inform a patient of a preexisting condition. Failure to diagnose Downs Syndrome is an example of medical negligence.
Malpractice can happen anywhere, including in the medical and dental fields. Some individuals find themselves the victims of legal malpractice. When someone hires a lawyer, they expect him or her to provide competent and professional representation. But when the lawyer fails to meet that expectation, the person may be able to file a lawsuit against the lawyer. If the medical malpractice is a result of an error, the lawyer may be liable for the resulting damages.
Medical malpractice can be life threatening. According to the Journal of the American Medical Association, about 225,000 people die every year from medical mistakes. Countless others suffer minor to serious injuries. Medical malpractice attorneys understand the various situations that can turn a dream medical malpractice case into a nightmare. Examples include medication errors, unnecessary surgeries, infections, or adverse side effects from a medication. In such cases, malpractice is often the fault of an individual or institution.
A legal professional may be liable for negligence when he fails to properly research and consult expert witnesses. If the lawyer’s performance is subpar, the client can sue. Oftentimes, the attorney has breached the contract and caused the client damage. Likewise, the attorney may have failed to follow procedures that were necessary for the client to receive compensation. But, if the attorney’s failure to follow ethical standards is serious, the attorney can be held liable for negligence.
The plaintiff is the party who initiates the lawsuit. This can be a patient, an estate executor, or a legally designated person. In either event, the plaintiff must be able to prove that the health care provider was negligent or incompetent. Typically, the defendant is the health care provider. While doctors may be liable for negligent actions, even those who follow orders may also be liable for malpractice.
The plaintiff must prove that the negligent act caused a negative legal result. There must be direct causative links between the negligence of a medical professional and the injury the patient sustained. The attorney must also have a record of negligence demonstrating the extent of the harm in the patient’s life. This is an important factor because malpractice lawsuits can be costly to file and defend. There are many factors that must be considered when deciding whether to file a malpractice lawsuit.
Medical malpractice occurs when a medical professional fails to perform his duties in a proper manner. It can also involve failure to act, which is referred to as omission. A healthcare professional should perform the same standard of care as any other medical professional in the same field. Any failure to follow a standard of care is considered malpractice. It must have a direct relationship between the doctor and the patient in order to be successful in a medical malpractice lawsuit.
Another type of medical negligence is medication errors. Incorrect dosages of prescribed medications are one of the most common examples of medical negligence. Incorrect dosages are usually the result of poor communication between the doctor and the patient. Incorrect medication prescriptions can result in an adverse effect that can be life-threatening. The doctor or nurse could write the wrong medication for the patient and a nurse misreads the report. This type of error can have devastating consequences for the patient.