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Posts made in July, 2019

Medical Malpractice 101

Posted by on Jul 31, 2019 in Personal Injury | 0 comments

When we make a visit to the doctor, we expect them to treat our symptoms, diagnose our problem, and provide us with the best care possible. For many of us, trusting our care to the doctor follows that pattern. We receive the best care possible and we’re on our way to feeling better.

There are, however, individuals who end up more hurt by the healthcare system than helped by it. These individuals are victims of what is called medical malpractice. If you’ve never heard of medical malpractice before, you’re not alone.

Keep reading to learn more about medical malpractice and its various forms — as well as what you can do if you believe a medical professional has failed to provide you with safe medical care.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional (does not have to be a doctor) deviates from their standard of care, ultimately hurting the patient who received care from them.

As with anything else, there are certain standards a situation must meet before being labeled as medical malpractice, according to the law:

  • Violation of the Standard of Care: The standard of care are the accepted standards that must be followed by medical professionals who are treating patients. If the standard of care has not been met, a violation has occurred.
  • Injury as a Result of the Violation: The patient must suffer an injury as a result of the health care professional’s failure to meet their standard of care. The patient has to be able to show their injury was a direct result of the professional’s negligence.
  • Damages Incurred as a Result of the Injury: To have a case, the patient must also show that the injury resulted in their incurrence of damages such as a disability, loss of income, future and past medical bills and more.

If all three conditions are met, a patient has met all the qualifications for filing a medical malpractice claim.

What does Medical Malpractice Look Like?

Just like every patient’s unique situation is the same, every situation of medical malpractice is not the exact same. Here are some of the various forms in which medical malpractice can manifest itself:

  • Lack of treatment
  • Misdiagnosis
  • Improper Treatment
  • Medication Error
  • Medical tools left in the body after surgery
  • Surgery on the wrong side of the body
  • Poor pre-operative care

Other situations, such as negligent post-operative care also may qualify!

Steps You Can Take

If you believe that you are a victim of medical malpractice, the most important thing to remember is that you have options.

The first thing that you should do is to find another doctor. Above all else, your health should be number one on your priority list. A new doctor will help you get the care that you should have received in the first place and fix any issues caused by the negligent doctor.

After you are treated, obtain copies of your medical records. These will greatly assist you when speaking to an attorney with medical malpractice experience (like the lawyers at McCutchen & Sexton) and will also help them build the best argument possible for your case.

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