Medical malpractice is a term that carries significant weight in the healthcare industry. In a general sense, it refers to instances where a healthcare professional, such as a doctor, nurse, or hospital, fails to provide the standard of care expected, leading to harm or injury to the patient. While we may assume that healthcare providers strive to offer the best care possible, mistakes can and do happen. Understanding the basics of medical malpractice can empower you to make informed decisions about your healthcare and your legal rights. 

Typically, medical malpractice will involve a few key elements: duty, breach of duty, causation, and damages. Duty refers to the responsibility of the healthcare professional to provide a certain standard of care. This is based on the principle that a healthcare provider must act as another competent professional in the same situation would. Breach of duty occurs when the healthcare provider fails to meet this standard of care, deviating from accepted medical practices. 

Important note: To establish a case, it must be proven that the breach of duty directly led to the patient’s injury or harm, referred to as causation, and resulted in damages – whether they are physical, emotional, or financial.

Common Examples of Medical Malpractice and Steps to Take

Medical malpractice can manifest in various ways, each with potentially serious consequences. Misdiagnosis or delayed diagnosis, surgical errors, medication mistakes, birth injuries, and anesthesia complications are some common examples. Inadequate communication, lack of informed consent, and neglect in patient monitoring are also instances that can lead to legal claims.

If you suspect that you or a loved one has been a victim of medical malpractice, there are certain steps you can take to address the situation:

  • Gather Information: Document all relevant medical records, prescriptions, and correspondence with healthcare providers. This information will be crucial in building your case.
  • Consult Another Medical Professional: Seek a second opinion from a different healthcare provider to evaluate the situation. Their perspective can help determine whether the care provided deviated from the accepted standard.
  • Contact an Attorney: If you believe you have a legitimate case, consult a medical malpractice attorney experienced in handling such cases. They can guide you through the legal process and provide advice on the best course of action.
  • Preserve Evidence: Ensure that you retain any physical evidence, such as medical bills, photos of injuries, and prescription records. These will help establish the extent of damages.
  • Understand Statute of Limitations: Be aware of the timeframe within which you can file a medical malpractice lawsuit. Statutes of limitations vary by jurisdiction and the type of claim, so it’s crucial to act promptly.

If you find yourself in a situation where you suspect medical malpractice, don’t hesitate to consult with legal professionals who specialize in this field. By advocating for your rights and seeking justice, you contribute to the overall improvement of patient care and safety within the healthcare system.

If you’re an attorney, SPLNC is your ally in cases that involve a broad spectrum of legal matters where health, illness, or injury is central. From Worker’s Compensation to Product Liability, SPLNC offers our expertise in analyzing medical records and crafting supporting reports that bolster your legal team’s efforts. Our involvement extends to areas like toxic torts, personal injury, and environment-related cases, ensuring that the medical nuances are thoroughly examined. 

Get in touch with an SPLNC legal nurse consultant today, and let’s win your case.