Medical malpractice occurs when a healthcare provider deviates from the standard of care that would be provided by a prudent and skilled professional in similar circumstances, resulting in harm to the patient. Some situations that may qualify as medical malpractice include:
- Misdiagnosis or delayed diagnosis: A healthcare provider may be considered negligent if they fail to diagnose or improperly diagnose a patient's condition in a timely manner, resulting in harm or injury to the patient.
- Surgical errors: If a surgeon causes injury to a patient during a surgical procedure due to negligence or lack of skill, it may qualify as medical malpractice.
- Medication errors: Prescribing the wrong medication, the wrong dosage or failing to account for potential drug interactions can all result in serious harm to a patient.
- Failure to obtain informed consent: A healthcare provider may be liable for medical malpractice if they perform a procedure without obtaining the patient's informed consent, or if they fail to adequately explain the potential risks and benefits of the procedure.
- Birth injuries: Medical malpractice may occur if a healthcare provider fails to identify or respond to fetal distress during delivery, resulting in injury to the newborn or the mother.
It is important to note that not every medical mistake or bad outcome is grounds for a medical malpractice claim. To establish liability, the plaintiff (the injured patient or their representative) must prove that the healthcare provider had a duty of care to the patient, that this duty was breached, and that this breach caused the patient's injury. The standard of care in a medical malpractice case is often established through expert witness testimony.
If you have been injured as a result of possible medical malpractice, it is important to consult with an experienced attorney in your jurisdiction. They can evaluate your case, help you navigate the legal process, and represent you in court if necessary.
By
