What is Considered Medical Malpractice?

What is Considered Medical Malpractice

Medical malpractice occurs when a patient is severely hurt following the care of a healthcare provider. The healthcare provider failed to complete their responsibilities sufficiently. Every state has different laws regarding what is considered medical malpractice. Not to mention, some states actually require you to communicate with a healthcare provider prior to your legal claim. The good news is that some medical malpractice lawyers offer free consultations. This guide will provide you with information to identify whether you have a medical malpractice claim and need to contact an attorney.

Common Medical Malpractice Cases

Medical mistakes are the third leading cause of death for both women and men in the U.S. This is according to a report from Johns Hopkins. Several of these cases may end up resulting in a medical malpractice claim.

When it comes to what is considered medical malpractice, certain things or conditions may fall into one of the below categories:

Unsuitable or Improper Treatment

If your doctor executes a treatment that no other doctor would have performed, the patient may be eligible to file a lawsuit for medical malpractice. Furthermore, if the healthcare provider selects the correct treatment but doesn’t deliver it properly, it may fall under the category of medical malpractice. If a healthcare provider improperly treats a patient’s medical condition at any point during the duration of their care, this falls under the category of medical malpractice as a result of negligence.

Failure to Diagnose

Improperly diagnosing a medical condition can cause many severe issues for the patient and jeopardize their chance of recovery. For instance, if a physician diagnoses a person who has colon cancer with something less serious such as IBD or chron’s disease, the patient will not be able to obtain the immediate medical care they need. If another physician correctly diagnoses the patient and performs the proper treatment, the patient may be eligible to file a medical malpractice lawsuit.

Not Warning of Known Risks

Healthcare providers must inform a patient of any known risk for any treatment or procedure they will be doing. If a healthcare provider performs treatment that harms the patient, and that treatment would have been refused by the patient if they were familiar with all of the risks, this is also grounds for medical malpractice. 

Medical Malpractice Lawsuit Requirements

Every state has certain criteria that must be met in order for a claim to be eligible for medical malpractice. An attorney can help you and ensure all requirements are met. An attorney can also put together evidence that shows proof that you are indeed a victim of medical malpractice.

You may have to show proof of a professional doctor-patient relationship. You can do this by showing all the appointments you had where treatment was given. You can use medical bills or invoices to prove this requirement. The best way to show that a doctor is negligent is by proving that the physician mishandled your diagnosis and treatment via solid evidence.

Furthermore, you must show that the doctor’s negligence resulted in your health being harmed. Sometimes this isn’t always easy, especially if the patient passes away after being diagnosed with lung cancer and the doctor still delivers negligent care.

Final Word

Medical malpractice claims may come with many difficult rules and regulations. Depending on the state you live in, these regulations may vary. This is a reason why hiring a malpractice attorney is beneficial in helping you relieve yourself of your legal obligations.

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