If you have been treated by a doctor and gotten injured as a result, you may want to explore bringing action against the person or persons responsible. As a medical malpractice lawyer from a law office like The Wieand Law Firm can explain, medical malpractice is much like personal injury in that it follows the same path for financial compensation. What is medical malpractice, and what makes a case for it? Find out more about how it happens and what you can do to get help.
What Constitutes Negligence?
A medical mishap may be accidental. But how can you tell? In legal terms, negligence must exist for a malpractice case to exist. What is negligence? When a person behaves recklessly, takes risks that another in that same position would not and acts with little regard for others, it falls under negligence. This may come in the form of an overt act or a failure to act. A patient who has an allergic reaction to a medication, for instance, may not have a malpractice case if the allergy was not previously known. However, if it was and that information was relayed to medical personnel, the medication administration is now negligent. Therefore, it is now medical malpractice.
Who Can Commit Medical Malpractice?
When you think about malpractice, you almost assuredly think of a doctor. Physicians are the most likely to be sued for medical malpractice. They are not, however, the only medical professionals who may be. Hospitals and clinics may be found negligent if the conditions for patients are not sanitary. Nurses may be negligent if they overstep a patient’s chart and take action outside of what a referring physician indicates. Any place where a person may get medical treatment or any person that administers it may commit malpractice.
What Are the Elements of a Malpractice Suit?
A malpractice suit has four prongs to it. Each of these must occur to have a successful suit. First, there must exist a duty to protect or care. This means that the medical professional or facility had a reason to treat the patient. Once this relationship is established, a court looks at whether there was a breach in the typical standards of care. This means that the provider or facility was negligent in its treatment of the patient. After this, evidence that this dereliction of duty caused the patient’s injury or condition. Finally, the patient must show that they suffered damage to the body.
After it becomes clear that you have suffered because of a medical mistake, you will want to speak to an attorney for assistance. Contact someone who deals with medical malpractice regularly for a greater chance of coming out with the financial award your new condition requires.