Medical Malpractice and Negligence
Medical treatment has become more technical and complex over the years. A patient may deal with doctors, anesthesiologists, residents, nurses, technicians, pharmacists, and other medical professionals in hospitals and other settings, such as doctors' offices and nursing homes. Patients place a great deal of trust in these health professionals. However, health professionals are only human and mistakes can happen. Unfortunately sometimes these errors cause injuries or even death to patients. An unanticipated or unsuccessful outcome is certainly unfortunate but may have been unavoidable, a result of a good faith mistake, or may fall in the realm of medical malpractice or medical negligence. Medical malpractice is when medical advice, care, or treatment given by a healthcare provider falls below the standard of care required in the community. As a result, the patient can sustain injury or death. Medical malpractice is more than a mistake; it is when a healthcare provider does something that other competent healthcare professionals would not have done or fails to do something that most competent healthcare professionals would have done.
Examples of Medical Malpractice/Medical Negligence
It is unfortunate when medical professionals are negligent, and it is tragic when such negligence results in serious injury or death. Medical malpractice can occur from an action taken by a person or by the failure to take a medically appropriate action. Examples of medical malpractice include the following:
- Failure to diagnose or to misdiagnose a disease or medical condition;
- Failure to provide appropriate treatment for a medical condition;
- Unreasonable delay in treating a diagnosed medical condition;
- Surgical errors;
- Incorrectly prescribed medications; and
- Lack of informed consent to a medical procedure that results in harm to the patient even if the procedure is performed properly.
According to a Harvard University study, as many as 120,000 people die each year as the result of medical errors committed in hospitals. Many more--more than one million annually by some estimates--suffer injuries from medical malpractice. Serious, catastrophic injuries including birth defects, brain damage, amputations, and paralysis can result from medical malpractice.
A Medical Malpractice/Medical Negligence Case
A medical malpractice case begins with a patient, or a patient's family in the case of wrongful death, explaining what happened. The patient's medical records are obtained and reviewed by a qualified medical expert to determine whether there is a viable case with merit. Unfortunately medical malpractice claims are among the most difficult cases for a person or their attorney to win. In order to bring a medical malpractice case to trial, it is necessary to have expert testimony which explains what was done wrong, how it could have and should have been avoided, and how the wrongdoing or negligence caused the injury or death to the patient.
If you believe that you, or a loved one, have been a victim of medical malpractice/medical negligence and have suffered injuries as a result, you may have a legal case. If you would like to contact a lawyer, please click the Find Attorney button at the top of the page.






