When a doctor or a health care provider refrains from offering appropriate treatment, avoids taking the right action, or gives sub-standard treatment that leads to injury, harm, or death of a patient, this is called medical malpractice. In short, any medical error that leads to an injury to the concerned patient is termed medical malpractice or negligence.
However, thanks to medical malpractice law it is possible for the victims to receive compensation for the damage that has been caused due to poor treatment. As per reports from the Medical Malpractice Center in the US, there are more than 19000 negligence suits against American doctors every year. Before you move on to the vitality of legal professionals to handle this case, let’s see what medical malpractice means.
What actually is medical malpractice?
When you go for treatment to a healthcare professional, or a doctor or hospital, you expect them to provide you with standard care. They are legally accountable in the event the patient sustains any injury or harm due to the callousness or negligence of the healthcare provider. For a case to be considered medical malpractice, there are several factors that need to be involved. Here are some of them:
- Inability to offer standard care: Medical malpractice law demands that health professionals and doctors conform to certain standards. If they are not able to do so, they’ll be subject to negligence and accusation.
- A physical injury that happens due to carelessness: In case the patient is of the opinion that the health care provider was careless but there was no harm caused, that can’t be termed as medical malpractice. If the patient can prove that the injury was a result of the negligence of the doctor, this will lead to a claim.
- An injury that can have damaging impacts: The patient also has to prove that the injury caused due to medical negligence led to a noteworthy amount of damage like suffering, constant pain, hardship, loss of income, and disability.
Only being dissatisfied with the result of the medical treatment can’t lead to a malpractice claim. malpractice claim can only be raised when there is negligence that leads to injury or harm.
Therefore, if you’re someone who has been a victim of medical malpractice, you should immediately consult a medical malpractice lawyer. He is the one who can assist you with all the details of raising a claim.