Routine medical check-ups are essential, whether we’re sick or not. Whenever we go to the doctor’s office, or any other healthcare professional for that matter, we trust them that they will be able to provide us with the necessary care and treatment measures that we need. Unfortunately, nobody is perfect—and not even the medical professionals we look up to.
There are times when healthcare professionals may be negligent, which often leads to harmful consequences for the patient. This is known as medical malpractice. Healthcare professionals swore an oath never to harm another person—and that oath is broken once medical malpractice happens.
Luckily, there are medical malpractice lawyers who can help. We listed down everything you need to know about them. Read on below to learn more.
Understanding Medical Malpractice Lawyers
As the name suggests, medical malpractice lawyers are the type of lawyers that you go to when a healthcare professional is negligent in their duties.
Medical malpractice occurs whenever patients are harmed by the actions or inactions of a healthcare professional. They have a sworn duty and responsibility to patients, and they can be held accountable if they fail to act or cause harm to their patients.
The affected party may file a lawsuit against a negligent party, provided substantial evidence that can be shown.
Filing a Medical Malpractice Lawsuit
Before filing a lawsuit, some factors must first be taken into account:
#1: A Doctor-Patient Relationship
To file a medical malpractice lawsuit, there has to be proof that you had a doctor-patient relationship. An example would be proof of you hiring the doctor and the doctor agreeing to be hired.
#2: Negligence
Patients may only file a claim if the doctor acted with negligence as they were doing your diagnosis or treatment. You can’t just sue a doctor just because you’re unsatisfied with the treatment that you received.
An example: A patient can file a claim against a doctor if the doctor fails to provide treatment for whatever ails them, resulting in more significant harm.
#3: Injury Caused by Doctor
You can file a claim if a doctor’s negligence caused injury, but determining the extent of harm can be quite challenging since most patients who go to a doctor ask for medical assistance when they’re already sick or injured.
Thankfully, an experienced medical malpractice lawyer can analyze your case well. They can also help you determine if it was indeed malpractice or not.
#4: Worsened Condition
A patient is sick or injured, which is why they went to a doctor. If the doctor is negligent and results in worsening conditions for the patient, they can file a claim. However, the patient needs to demonstrate certain things to prove that the negligence caused their state to go worse. These include:
- Physical pain
- Mental anguish
- Additional medical bills
- Lost wages or lost earning capacity
Common Types of Medical Malpractice
It may seem relatively unheard of, but medical malpractice cases are rampant and occur more frequently than most people realize. Approximately 200,000 patients in the U.S die from medical errors each year. However, only 15% of these claims are filed annually.
The common types of medical malpractice claims fall can fall under any one of these categories:
#1: Failure to Diagnose Properly
A patient can file a medical malpractice lawsuit if the doctor fails to discover the correct cause of a patient’s illness and proceeds with the treatment regardless. Aside from that, they may also file a claim if the doctor made a different diagnosis, which is a mistake that any knowledgeable doctor wouldn’t make.
#2: Failure to Warn the Patient of Potential Risks
Doctors need to warn patients of known risks during specific medical procedures or treatments because it’s part of their medical duty. This is known as the duty of informed consent—if a doctor fails to do so, it’s a valid ground for medical malpractice.
#3: Employment of Improper Treatment
A doctor should always treat a patient properly, within the means of medical reason. If a doctor treats a patient and results in their condition worsening or causing an unrelated injury, the patient may file a claim for medical malpractice.
Conclusion
Medical malpractice is a serious issue and should be dealt with accordingly. If negligent doctors are removed from practice, it’s one step closer to better care from actual competent doctors. For many people across the country, this could mean a better chance at life.
Surgically-induced injuries, such as brain injury, are something that can happen if you’re getting treatment. The doctor who performed the injury is liable if it happens. If you’re looking for brain injury lawyers in NYC, Ronemus & Vilensky, LLP can help! We also specialize in handling cases of accidents and harassment. Contact us today for a consultation!