subject: What Is Medical Malpractice? [print this page] When a person is injured or becomes ill, he or she will seek the services of a medical professional. Patients trust that doctors will use their expertise to make them well again. When a doctor, nurse or other medical professional makes a mistake, however, it can often make the patient's condition worse or lead to the patient's death. These types of mistakes often give rise to medical malpractice lawsuits.
In the legal sense, medical malpractice is defined as a medical practitioner's failure to provide care and treatment according to the standards generally accepted by members of the medical community in his or her geographical area, resulting in injury or death to a patient. There are a variety of forms of negligence that can give rise to medical malpractice, including:
Wrong diagnosis
Failure to diagnose
Prescription medication errors
Surgical mistakes
Foreign instruments, such as sponges, needles or other objects, left inside a patient after surgery
Errors in prenatal diagnostic testing
Lack of informed consent for a medical procedure
Failing to inform the patient of all available treatments
Continuing a course of treatment that has been shown to be ineffective
Sub-standard treatment or incorrectly performed treatment
The amount of compensation a victim of medical malpractice receives will depend on the egregiousness of the negligent act and the severity of the injury. Not all medical mistakes amount to malpractice, however. A patient's condition can get worse despite proper evaluation, diagnosis, and treatment by a doctor. Medical malpractice does not occur when the medical care provider follows the standards of his or her profession in providing treatment. Rather, medical malpractice occurs when a health care provider deviates from such standards in treating a patient, and the patient suffers an injury or dies as a result.
If you believe that you or a family member sustained injuries due to the negligence of a doctor, nurse, or other health care provider, you should seek the legal advice of an experienced personal injury attorney who specializes in medical malpractice cases. A medical malpractice attorney can investigate the case, gather evidence and documents, and file a case for you within the time period set forth in the statute of limitations in your state of residence. Damages for medical malpractice may include medical bills for any treatment necessary to correct the mistake, lost wages, pain and suffering, and punitive damages. An experienced attorney can assist you in determining all of your physical, emotional and financial losses to ensure you receive the compensation you deserve for your injuries.
