Understanding Medical Malpractice
As Americans, we have the luxury of visiting some of the most established hospitals in the world for something as small as a seasonal cold. This normalized trust and respect that is put into the medical industry can be credited to the amazing advancements doctors and scientists have developed to make a healthier world.
As we focus on the lives being saved every day, we often overlook the millions of people who have been seriously affected at the hands of medical establishments, which we are instilled to trust with our lives. Medical Malpractice cases are so common that in 2016, Johns Hopkins Scientists stated, “Medical errors should rank as the third leading cause of death in the U.S. after heart disease and cancer”. This is a staggering statistic, but it is an unfortunate reality.
What is Medical Malpractice?
Medical malpractice is considered negligence or mistreatment by a medical provider or health professional. Medical providers and medical establishments are legally and ethically required to uphold a medical standard of care. A standard of care is dependent on the specific treatment setting. This standard is established by the care needed to treat a certain medical condition in comparison to the treatment a patient received. The standard and the reality of treatment should be parallel, and if not, it can be considered a medical malpractice situation.
How Does This Happen?
There are quite a few circumstances that are considered medical malpractice, and these situations can go further than a hospital or clinic. Medical malpractice can happen in a nursing home, mental health facility, a physical therapist practice, dental facility, or any establishment where a licensed medical professional fails to uphold the standard of care to patients.
Examples of medical malpractice include:
- Late or misdiagnosis
- Surgical errors
- Premature discharge
- Improper medication or dosage
- Unnecessary surgery
- Disregarding medical history
The above circumstances are just a few of the wide variety of medical malpractices situations. Any care provided by a professional that leads to further injury or suffering can be considered a medical malpractice case and should be redirected to a legal professional.
The Legal Process
If you are a victim of medical misconduct, you have the right to get proper compensation for any pain and suffering obtained as a result of negligence by a medical practitioner. It’s important to acknowledge that medical malpractice cases are complex and can be costly. In some circumstances, injuries can show up much later and can be hard to attribute to the medical treatment, and at times assumed it was related to a patient’s pre-existing condition.
If you have a strong case, it’s crucial to contact an attorney like Rob Levine & Associates to help you establish a claim against doctors and medical establishments, who are often backed by large funds and high-profile legal help.
To establish a viable case, consider the following:
- Doctor-Patient Relationship.
It must be clear that the plaintiff and the defendant were both aware of their patient-doctor relationship. Usually, this proof can be in the form of a documented agreement or treatment.
- Established Standard.
It must be proven that the information about the standard of care was provided to the patient by the medical professional.
- Breach of Standard of Care.
There must be clear proof that there was a violation in the standard of care by the medical professional. Thus, proof must uphold the plaintiff’s claim of injury or suffering.
- The Extent of Injuries and Resulting Damages.
The plaintiff must prove that there were significant damages to their physical, mental, or financial status due to the injuries from the medical neglect.
A medical malpractice claim can be a very intricate case that needs to be overlooked by doctors, legal teams, hospitals, and more. It’s your word against a well-regarded doctor who has had extensive training and education in their field. That’s a lot to go up against. Here at Rob Levine & Associates, we understand this dynamic and realize doctors are human too. Mistakes happen every day but it doesn’t mean you deserve to live with the consequences. Contact Rob Levine & Associates to get a look over your case and help you get the justice you deserve.
