Patients trust doctors for their medical services. There are instances where doctors conduct some mistakes that can be detrimental to patients. Medical malpractice happens when medical personnel commits an error in the form of appropriate treatment, omission, substandard treatment, etc. Negligence of misconduct during the treatment of a patient can lead to severe injuries and lifelong causalities. Medical malpractice can occur in the form of misdiagnosis, surgical errors, medication errors, etc. it is essential to remain vigilant regarding these malpractices and follow the right legal procedure to take action against it.
“Medical negligence or malpractice is deemed as the third leading cause of death in the United States.” – Journal of American Medical Association.
The above stats are quite concerning as the rate of medical practice has been continuously increasing. Medical malpractice law makes it easier for patients to get legal assistance against such malpractices. You can always consider Hawaii medical malpractice law firms that can provide you with their credible legal services against such medical malpractice.
What is Considered Under Medical Malpractice?
From doctors, nurses to the entire hospital staff are expected to provide patients with standard care that contributes to their health. The medical professional cannot harm their patients intentionally. It is a criminal offence, and there are laws that can protect the interests of patients from such misconducts.
Medical malpractice is taken into consideration when the following factors or any one of them are involved in it:-
- Failure to provide proper care: When the medical professional cannot provide the standard care to the patient, it can be considered into medical negligence.
- Injury from the negligence: When the patient suffers from injuries caused by the negligence of his/her doctor, they can file a lawsuit against the doctor.
Types of Malpractices and Errors
It is important to understand the malpractices against which you can take necessary legal actions. There are plenty of errors and malpractices that come under law surveillance. Some of them are mentioned below:-
- Failure to diagnose the issue properly
- Surgical errors or incorrect surgery
- Early/premature discharge leading to complications
- Failure to conduct the right tests for the issue
- No follow up
- Prescribing wrong medications and dosage
- Operating wrong body part leading to injuries
- Bedsores after admitting to the hospital
- Fatal infections from the hospital
What Does Medical Malpractice Case Involve?
As mentioned earlier, you can file a lawsuit against the concerned doctor regarding the errors committed by them. Following are the factors involved in a medical malpractice case:-
- Plaintiff: It is the person who is making the complaint. A plaintiff can be the patient, a legal person who complaints on behalf of the patient. In layman terms, the plaintiff is the person who brings the case into the light of the law.
- Defendant: It is the party who will be sued by the plaintiff. Doctors or any other medical professional is the defendant who needs to follow the order charged against them for their negligent acts.
- Prevailing Party: It is the party who will win the case, it can be either the defendant or the plaintiff. The decision is taken against the evidence presented to the court.
- Losing Party: It is the party who will lose the case in the end. When the plaintiff wins, the defendant has to provide compensation.
- Fact Finder: Generally, it is the judge or jury who handles the case and present the final verdict.
It is essential to understand each role carefully. Plaintiff has to reach out to the concerned law attorney and seek law assistance. The defendant can also hire their attorney to prove themselves clean against the lawsuit. The losing party has to provide the compensation, and the fact-finder has to give righteous verdict after checking the facts and evidence.
The Bottom Line
Medical malpractice cannot be neglected, and it is important to take necessary legal action against the doctor and hold them responsible for the error. There are laws for medical malpractice that the patients must be aware about. Whenever they feel their rights have been violated and suffered some medical injury that involved the negligence of doctors, they can file a lawsuit.
The above mentioned were some of the important things that you need to know about medical malpractice.