| Medical malpractice defined broadly is meant as a | | | | either temporary or permanent, to the patient. |
| claim brought against a health care professional, | | | | It is very hard to win a case of medical |
| such as a doctor or a hospital, wherein the health | | | | negligence since all health care professionals seem |
| care professional violates the normal standard of | | | | to stick to each other like glue. The damage to |
| care and, as a result, injury results. This is also | | | | the patient could be permanent or could even |
| sometimes referred to as medical negligence | | | | result in death. In order to find a medical |
| because it applies to hospitals, doctors and other | | | | professional negligent, it must be shown that the |
| healthcare professionals. Medical malpractice laws | | | | doctor's conduct fell below the generally accepted |
| vary from state to state but there are some | | | | standard of medical care. |
| very basic fundamentals that are the same | | | | Let's look at one particular case study. The |
| across the board. | | | | patient has been seeing a doctor for more than 6 |
| Medical malpractice arises when a medical patient | | | | months, when he operated to fix the patient's |
| has been injured through the improper inaction or | | | | Achilles tendon. Since then the patient has had |
| action of a healthcare professional or a medical | | | | four surgeries and is still in a lot of pain. Once the |
| facility. Legal liability for injuries that have arisen | | | | patient contracted one type of staph infection |
| due to medical malpractice may be established | | | | and the last time he got MRSA. The doctor took |
| under various legal theories. | | | | out part of his heel bone which he was totally |
| Most medical malpractice cases go forward on | | | | unaware of, and he still does not know whether |
| the basis that a medical professional, such as a | | | | the infection has gotten into the bone. He goes to |
| doctor or nurse, used negligence while treating his | | | | see a new doctor at the end of the month. Does |
| or her patient. To establish medical negligence, the | | | | he think that he could get this new doctor to |
| burden of proof lies on the injured patient. The | | | | testify against the former doctor? |
| plaintiff, or the injured person, or their family if | | | | The answer is probably not! There is a code of |
| the negligence resulted in death, must prove the | | | | ethics among doctors that makes them all stick |
| following: | | | | together like flies stick to honey. Even though it |
| * The existence of a duty owed by the doctor, | | | | would appear that the first doctor made a serious |
| nurse or hospital to the plaintiff. This could be in | | | | mis-diagnosis plus did unnecessary surgery, a case |
| relation to a doctor/patient relationship. Especially if | | | | like this probably needs to go to court where the |
| the plaintiff was in the hospital at the time, this is | | | | doctors involved are required by law to give their |
| usually not at all difficult to prove, since hospital | | | | honest opinion, which a qualified malpractice lawyer |
| patients should be watched 24x7. | | | | can get them to do. |
| * The health care professional's deviation from | | | | Also, a medical professional may be held |
| the applicable standard of care. This is deemed as | | | | accountable for the negligent prescription of a |
| a breach of duty owed to the patient. Such a | | | | medication or of a medical device. Prescription |
| deviation could be a mis-diagnosis, an improper | | | | medications are nothing to mess around with or |
| reading of charts of test results, improper | | | | administer or prescribe in any type of haphazard |
| medications given to the patient, or a host of | | | | way. A doctor needs to understand how the |
| other similar things. | | | | patient may react to a prescription medication |
| * A relationship between the health care | | | | before they prescribe it, because if done |
| professional's deviation from the standard of care | | | | incorrectly, it could cause more damage than the |
| in relation to the patient's injury. In other words, | | | | patient started with, which also falls into the |
| how did this error compromise or cause injury, | | | | medical malpractice category. |