Medical Malpractice
Medical malpractice refers to a situation where a medical professional deviates from the standard of care expected of them, resulting in harm to the patient. Any medical professional, including doctors, nurses, dentists, pharmacists, and physicians' assistants can be accused of medical malpractice if they fail to meet the standard of care.
When determining whether a medical professional committed malpractice, a court will consider whether the medical professional:
- owed a duty of care to the patient,
- breached that duty of care,
- caused harm to the patient, and
- whether the patient suffered damages as a result.
Some common examples of medical malpractice may include:
- Misdiagnosis or failure to diagnose a medical condition
- Medication errors, including prescribing the wrong medication or dosage
- Surgical errors, including leaving surgical instruments in the patient's body, performing surgery on the wrong body part, or causing unnecessary damage during surgery
- Failure to provide appropriate aftercare, monitoring, or follow-up care
- Failure to obtain informed consent from the patient before performing a medical procedure, including failing to inform the patient of the risks and potential outcomes.
It is essential to note that there may be limitations or exceptions to bringing a medical malpractice claim. For example, some states may impose a statute of limitations, which sets a specific time limit for filing a medical malpractice claim. Additionally, some states may require that the patient provides a certificate of merit or affidavit from a medical expert to support their claim of malpractice.
If you believe that you or a loved one has been a victim of medical malpractice, it is essential to seek the advice of an experienced medical malpractice attorney. An attorney can review your case, explain your legal options, and help you pursue compensation for your damages.
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