What Leads to Medical Malpractice?

Medical technology has evolved in amazing ways that effectively extend our lives.  However, with that technology sometimes comes risk, and there are over 225,000 patients who die while receiving medical treatment due to malpractice.  This renders medical malpractice as one of the top ten causes of death.  There are several types of medical malpractice, as explained below. shutterstock_1772386

Negligence

Medical malpractice cases constitute a specific type of negligence claim. In such cases a plaintiff needs to prove: there was a duty for the medical practitioner to care for the patient; there was a breach of that duty; the actions or non-action of the medical practitioner caused some injury; and damages.  This is true of any normal negligence case, but what sets medical malpractice cases apart is that there are specific written standards of care set forth and required by professional medical boards and other governing bodies.  In medical malpractice cases, the central issue often becomes whether the medical professional adhered to or deviated from the standard of care.  If there is an unwarranted deviation from that standard of care, the breach of duty element will frequently be met.
These standards were created largely to ensure the same processes are followed to keep negligence to a minimum, which has the effect of minimizing the health care professional and the facility administration from litigation in most cases when followed meticulously. These standards give medical care professionals some leeway, because not every patient or case is the same, but many procedures that are performed are now routine and followed by all professionals in the medical field.  The regulations also ensure medical professionals not only do the job correctly, but it also follows that lawsuits may then be dismissed when there is evidence of standard treatment or actions taken during procedures. A successful plaintiff proves that a medical professional deviated from these standards, or made a mistake in diagnosis, treatment, dosage or some technique.  A plaintiff will typically employ a medical expert to explain what the standard of care was, and in what way the medical professional deviated from this standard.

Surgery

It is natural to be nervous and apprehensive about undergoing any surgical procedure, and certainly we have all heard stories from friends and family of procedures gone awry.  No matter how routine, every surgery comes with certain risks. Some patients mistakenly believe that only inexperienced or new doctors make mistakes in surgery.  While it is accurate that experience lowers risks in terms of miscalculations, the truth is that any surgeon can make a mistake at some point during surgery. Again, a successful plaintiff will show a breach in the standard of care; that is, proof that the surgeon made a mistake during the procedure that was unjustified.

Elective Procedures

Some believe that elective surgery is harmless, but all surgery carries risks and potential dangers.  Severe injury can occur when undergoing elective procedures, such as breast augmentation or reduction, bypass surgery, lap band and even liposuction.

Litigation

As noted above, a plaintiff will typically use a medical expert to help establish a deviation from standard procedure and negligence.  These medical experts can help strengthen medical malpractice claims by determining where errors occurred, such as incorrect dosages, techniques used during surgery, or understaffed hospitals that led to delayed diagnosis or other problems.

Contact an Attorney

When any type of malpractice is suspected, it is best to contact a lawyer immediately. Due to the statute of limitations, injured parties have a specific period of time in which to file a claim or the claim can be barred from bringing brought to court. Contact the Law Offices of Stuart L. Plotnick today to discuss your claim.
Source: http://www.hg.org/article.asp?id=26470