Doctors, nurses, hospital workers, and other members of the medical field have a very high duty of care that they are expected to uphold when handling patients. They are required to go through extensive education, training, and gaining experience before they are allowed to practice on real people with serious health problems.
Because of this, large and dangerous errors are considered to be unacceptable. Health care providers must be held accountable for their mistakes – especially those caused by basic negligence or incompetence. These slip-ups are, in the legal realm, considered to be acts of medical malpractice.
Types of Malpractice
Malpractice comes in a shockingly large number of forms. When a doctor errs in one of the following manners, he or she has committed medical malpractice:
· Misdiagnosed a condition
· Unreasonable delay in treatment
· Made a surgical error
· Failure to gather informed consent
· Committed hospital negligence
· Caused a birth injury
· Performed nursing home abuse
· Made a pharmaceutical error
· Delivered improper treatment
Patients can suffer dearly from these avoidable errors. They may experience new complications, a worsening of their present conditions, or even wrongful death. If you or someone you love has been a victim of medical malpractice, then you have the right to make a claim against the medical provider at fault.
The Elements of a Successful Malpractice Case
If you believe that you have suffered from medical malpractice, then you deserve to claim compensation from the party responsible for your pain. In order to make a successful claim, however, you must prove that all of the following elements are present:
· The doctor owed you a certain duty of care (a standard set by all physicians in that area of practice)
· The doctor breached this duty of care
· This breach resulted in injury to you
· As a result of this injury, damages were incurred
Physicians will fight long and hard against malpractice allegations because they know how costly and harmful these can be. If you think that you have suffered from malpractice, then you will need a skilled and experienced attorney to assert your claim in a strong and effective manner.