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| Medical Malpractice InfoCenter is an Internet resource that offers you an opportunity to research medical negligence and your legal rights associated with medical malpractice. Medical Malpractice InfoCenter does not offer legal advice or referrals. |
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Medical Malpractice InformationWhat is medical malpractice? Medical malpractice refers to actions on the part of a health care professional that amount to negligence in caring for a patient. Medical professionals are beholden to a standard of practice that is uniform for everyone within their field. When they engage in treatment that violates the accepted standards, and that treatment results in injury to the patient, this constitutes medical malpractice. Medical malpractice suits are a type of personal injury suit. During medical malpractice trials, the plaintiff must establish several things. First, the accused must have agreed to treat the patient. Then, the standard of practice must be established. This is accomplished by expert witnesses, usually medical specialists who testify as to what their course of action would have been given the circumstances. Next, the patient must prove that he or she has been injured. Lastly, that injury must be shown to be a result of the violation by the accused of the standard of care. What are examples of common medical malpractice cases? Malpractice can occur in any area of medicine in which a patient can be injured as a result of poor treatment. The following are common examples of areas in which malpractice can occur. Anesthesia – The administration of anesthesia requires the use of sensitive techniques. Improper use of the anesthetic agents, oxygen, and other substances and equipment can result in serious physical impairment or death. It is also important to note that before anesthesia is administered, the acting anesthesiologist must check to make sure that the patient does not have any conditions that may cause complications – failure to thoroughly check for these conditions or proceeding despite them can also lead to serious injury, and are common bases for malpractice suits. Burn therapy – Emergency therapy on serious burns must adequately prevent excessive injury, loss of tissue, or death; otherwise, the care providers can be liable for malpractice. Child delivery – Medical professionals assisting with pregnancy and childbirth have many issues to consider and with which to contend. These include Rh-incompatibility, large baby syndrome, and many other complications that can cause malformations or brain damage. If inattentive care has in any way caused such an outcome, the care providers may have committed malpractice. Surgical Errors – Surgery on almost any organ or other structure of the body can carry risks. If evaluation, preparation, any part of the surgery, or postoperative care is performed incorrectly, the procedure may fail or serious side effects can occur. Medication Issuance – Issuing insufficient amounts of medication or improper instructions in its usage can be to the serious detriment of patients. General failure to diagnose – Injury that results from medical professionals making an incorrect diagnosis when given significant information is a typical cause of malpractice suits. This can occur in cases of diseases, damage to bone structure, exposure to toxic chemicals, and numerous other conditions. Failure to diagnose breast cancer can account for as much as 40 percent of medical malpractice cases. Experimentation – Medical personnel that employ procedures or drugs that are unapproved by reputable medical organizations are at risk for malpractice. General Improper Procedure – Medical professionals can make simple mistakes that can be costly to the injured. Examples include delays in treatment or failure to obtain proper consent for treatment. |
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