As a lawyer, medical malpractice refers to a situation where a medical professional fails to provide the standard of care that is expected of them, resulting in harm to a patient. Medical professionals are held to a high standard of care in treating patients, and when they fail to meet this standard, they can be held liable for medical malpractice.
There are common examples of medical malpractice including:
- Misdiagnosis: when a medical professional fails to correctly diagnose an illness or injury, leading to a delay in treatment or incorrect treatment.
- Surgical errors: including operating on the wrong body part, leaving surgical tools inside the patient, or causing nerve damage during surgery.
- Failure to diagnose: when a medical professional misses a diagnosis entirely, leading to the patient missing the proper treatment or receiving incorrect treatment.
- Medication errors: when a patient is given the wrong medication, the wrong dosage, or suffers from an allergic reaction.
- Birth injuries: injuries or harm caused to a newborn during labor or delivery.
- Anesthesia errors: mistakes made during anesthesia administration.
It is important to note that not all medical errors constitute malpractice. An adverse outcome does not automatically mean that medical malpractice occurred. The error must have resulted from a deviation from the accepted standard of care, and the deviation must have caused the injury. Additionally, there may be limitations or exceptions to filing a medical malpractice claim, including the statute of limitations, which limits the amount of time a patient has to file a claim, and state-specific laws that may impact the proceedings of a medical malpractice case.
If you believe that you or a loved one has been a victim of medical malpractice, it is important to seek legal advice from a licensed attorney who specializes in medical malpractice cases. An attorney can review your case, assess the strength of your claim, and advise you on the best course of action.
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