When you think of medical malpractice, what comes to your mind? For most people, it would be dramatic, egregious errors like a surgeon who amputates the wrong limb. But medical malpractice can actually be much more subtle and far-reaching than you might expect.
So, how can you know if you’ve suffered malpractice? And what should you do about it? Here are a few answers.
What is Malpractice?
In legal terms, medical malpractice occurs when a health care provider fails to provide what is known as the standard of care. This is a broad definition, generally based on a standard of what a normally prudent practitioner would do in the same circumstances. While no one expects medical professionals to be perfect, they are subject to the standard expectations of diligence, training, and skill for their profession.
In order to have a case for some type of malpractice, some sort of injury needs to be a result of this failure of the standard of care. That injury must be directly connected to the failure, and it generally must be sufficient to warrant the challenge of bringing a successful case. And, finally, the patient must not have been properly informed of any risks from a particular medical treatment.
What are Some Types of Malpractice?
Due to its loose definition, malpractice can take just about any form. One of the most common malpractice categories is misdiagnosis or delayed diagnosis leading to the wrong treatment or no treatment. Surgical errors — an unnecessary, ill-advised, or botched surgery — are another leading cause of malpractice. Finally, prescription drug errors, usually due to incorrect medication or the wrong dosage, can also be common.
Negligence is not limited to surgeons. An anesthesiologist can be guilty of malpractice for incorrect use of anesthesia during a procedure. You might have to sue administrative staff for negligence if errors in record-keeping or documentation cause an injury as well.
Malpractice isn’t limited to the actions of one single individual, either. The management of a facility can also be guilty of malpractice in the form of negligence. For example, if you were exposed to a hazardous infection like staph, the facility may be negligent in maintaining high standards of sanitation and following best procedures in disease transmission throughout the practice.
In the case of failures of care while in a particular facility, multiple parties who were negligent may be to blame. If a patient develops bedsores, the problem could come from the facility’s lack of high standards when it comes to patient movement. Or, the problem may have been caused by one or more specific nursing staff who were negligent in following procedures set out by the management.
This situation might even turn out to be caused by a combination of both parties.
What Should You Do About Malpractice?
If you suspect that you may be a victim of malpractice, don’t hesitate to seek professional legal assistance. Doctors, providers, and health care facilities have many more resources at their disposal than the average patient, so you need quality help on your team. And the more time that passes from the incident, the harder it may be to build a case.
A malpractice attorney can help investigate the nature of the potential negligence and document whether it fits the definition of a failure of the standard of care. He or she can also build a case showing how the provider was negligent and how that resulted in damage or injury to you. If you win your case, you gain fair compensation for medical malpractice.
At Randall A. Wolff & Associates, Ltd, our team of legal professionals can help protect you from the consequences of medical malpractice. Call today for an appointment.
