“But Was it Malpractice?” A Guide to Understanding Medical Malpractice
We trust doctors with a lot. We trust them with our health, our injuries, and our lives. However, doctors are still people capable of making mistakes. Some of these mistakes are forgivable, but many can be life-altering. If the negligence, violation, or negative effects of medical care have caused significant damages on your life, you may be a victim of medical malpractice (or as us lawyers like to say: med-mal) and entitled to compensation.
Understanding medical malpractice can be confusing, so let Miller Law Group walk through it with you.
For a case to be considered medical malpractice under the law, it must fall into the following descriptors:
- Violated standard of care. The medical standard of care is what the healthcare field deems as acceptable medical treatment. It is the reasonable care of a patient as is consistent among other professionals in the medical field. If treatment or care falls outside these realms, negligence can be established.
- Negligent care caused an injury. In order for a medical malpractice claim to be legitimate, a patient must prove they sustained an injury that wouldn’t have occurred in the absence of negligence. A key point to remember: negligence must be a factor in causing injury. If a patient sustains an injury without negligence or negligence didn’t cause the injury, there is no case for medical malpractice.
- The injury produced significant damages. Logistically speaking, the process of a medical malpractice lawsuit is extremely expensive. Between medical experts, testimonies, and legal fees – these cases rack up some costs. Therefore, in order for a medical malpractice lawsuit to be viable, the injury must have significant damages associated with it. Some examples of this are disability, loss of income, unusual pain, suffering, and/or significant future medical bills.
Some examples of medical malpractice are:
- Failure to diagnose an illness
- Misdiagnosis of an illness
- Unnecessary surgery
- Misreading lab results
- Surgical errors
- Improper medication or dosage
- Premature discharge
- Poor aftercare
- Failure to recognize symptoms
- Failure to order proper testing
- Disregarding a patient’s medical history
Seeking help for your medical malpractice case:
If you believe you or a loved one is the victim of medical malpractice, you should seek guidance immediately. Medical malpractice cases are tough to decipher, but Miller Law Group can offer you free consultation and unprecedented legal care. At Miller Law Group, we believe practicing law is a profession first and a business second. We covenant honesty, personal attention, and our best efforts. Attorneys Stacy Miller and Lacy Mau-McDowell are passionate about their representation and dedication. If you having trouble deciding on whether you should hire/retain a medical malpractice attorney, please call us for free advice (919) 348-4361 or contact us here.
