Medical malpractice, which is also termed as medical negligence, is the failure of a medical professional to meet the customary of good medical practice in the turf in which the medical professionals practices. Medical malpractice comes about when a health-care giver, be it a doctor, hospital, HMO, nurse, or persons licensed to give medical care or treatment and does something that any proficient doctors would not have done, or fails to do what a competent doctor would have done, ensuing in personal injury or wrongful death.
The Medical malpractice law is complicated and therefore it is essential to engage an experienced malpractice lawyer or attorney who comprehends the complex issues that are relevant to the medical field. Medical malpractice claims engage in the analysis of medical records and all tests and studies such as MRI, CAT Scan, pathology studies, and so on so as to determine the practicability of the claim. If you or a loved one have been a victim of medical malpractice, you should act without delay so as to preserve your rights (Medical, 234).
Medical Malpractice lawyers who attend to the medical malpractice can advise whether it is worth your time to pursue legal action, but most experienced medical malpractice lawyers’ work on an unforeseen event fee basis, which means that if you do not win your case, you will pay no fee, but is important to be wary of those who require money up front.
The hospital or doctor will have an experienced medical malpractice lawyer, who is as a rule paid by their insurance company. Because of this factor, they will endeavor to throw out your claim on simple technicalities. But having a professional medical malpractice lawyer in your corner will guarantee you that you meet all steps along the way to help win your case.
At the same time, an experienced medical malpractice lawyer has vast experience with the insurance companies and will not be misled by their strategy or force you into a hostile settlement. Here are three examples of medical malpractices (Medical, 354).
Mistakes in Anesthesia
Let’s a patient is undergoing surgery is given an anesthetic which, due to an earlier treatment, poses an amplified risk of use. And as s a consequence of using the anesthetic, the patient suffers liver damage and dies. In such a case all three fundamentals are present, namely; medical negligence, injury, and cause. Had the patient not died and possibly recovered swiftly, the negligent act is still present in that the doctor administered anesthesia improperly, but there is no case, as far as the medical malpractice tort law, since there is no injury (Regina. 1987)
A doctor’s mistake during childbirth
Supposing during a delivery, a patient suffers umbilical cord prolapse, which poses a severe threat to the life of the baby if a c-section is not performed straight away. The doctor fails to act in an appropriate manner, and thus ends up delaying the c-section and as a consequence of the delay, the baby suffers brain damage. But if the doctor had acted in a well-timed fashion as is normal, the baby would not have been harmed (Expert, 456).
Undiagnosed heart disease
Supposing a patient is suffering from chest pain due to coronary artery disease, and an impending heart attack, is assessed in the emergency room, where a doctor fails to diagnose his condition and as a result, the patient is sent home and suffers a considerable heart attack and dies. In this case, the doctor’s failure to correctly treat the patient resulted in his death. But on the other hand, if the patient gone to a different hospital and been treated suitably, the first doctor is still negligent in his treatment. But since the injury was avoided due to the determination of the patient, there would be no damages for which to ask for compensation.