Could You Make A Claim For Medical Malpractice?

By Your Health Magazine

Your Health Magazine

. http://yourhealthmagazine.net

More Legal and Health Articles

Could You Make A Claim For Medical Malpractice?

Medical malpractice is a complicated situation that nobody wants to deal with. It’s bad enough to have to deal with the stress of finding the right treatment and surgical procedures for our conditions. Unexpected injuries, complications, and mistakes can change lives and even lead to wrongful deaths. Anyone left picking up the pieces of a medical professional’s mistakes can claim compensation with a skilled medical malpractice lawyer.

10 Examples Of Medical Malpractice

1) Misdiagnosis or failure to diagnose

This isn’t as uncommon as we’d like to think. Sometimes, patients get misdiagnosed because their symptoms present as something else or there’s a legitimate anomaly in the test results. Other times, the medical team wasn’t taking the time or due care to look at scans or results.

2) Failure to order tests

Those misdiagnoses may result from a poorly run test or misread scan. At least in those cases, the team took the time to carry out the procedures. However, there is an alarming number of cases where patients in need of blood tests, MRI scans, or other diagnostic tests don’t get them.

3) Surgical malpractice

Surgical errors can happen by accident, and doctors may prove that an error wasn’t their fault. However, there are times when a lack of communication, rushed procedures, and even intoxication cause serious complications. Patients can end up with the wrong type of surgery, injuries, and even items left inside their bodies.

4) Birth malpractice

Births are traumatic enough for new parents without the risk of complications. It is everyone in the maternity unit’s role to ensure that birth is as safe and stress-free as possible. However, a lack of care and mistreatment can lead to serious issues like bleeding, infections, and injuries to the baby.

5) Mishandling admissions and discharges

All patients should be admitted with ease at the moment they need care and only discharged when it’s safe to do so. The problem is that a lack of resources and finances can lead to people being mishandled. Those discharged too early can easily end up needing further medical treatment and dealing with serious trauma.

6) Treatment without consent

This is a scary thought for anyone putting their trust in the hands of medical staff in hospitals and clinics. We expect to be asked for consent for any form of treatment or procedure unless we cannot do so, and it’s life or death. Consent is also important when dealing with deceased patients, such as in organ donation.

7) Conditions developed while in care

Too many patients go into a hospital or a clinical setting for one condition and end up dealing with another. Doctors should be able to diagnose and treat the issue at hand with the utmost care. There should be no risk of getting sick or infection due to back hygiene practices.

8) Disabilities caused while in care

Short-term illnesses developed in hospitals are bad enough. Sadly, others end up with long-term disabilities due to the negligence of medical staff. Some cases are more physical due to complications in surgery or physical abuse. Others are cognitive, with brain trauma from misused anesthesia, a lack of oxygen, or misdiagnosed strokes.

9) No follow-up care

Medical professionals are responsible for referring patients to the right after-care. This could be as simple as sending recommendations to doctors or as specific as a referral to an outpatient department. For example, physiotherapy or clinical support for treating diseases may be needed. Failure to do so can be catastrophic.

10) The wrong medication

Similar to incorrect follow-up care, new medication prescriptions to control diseases and medical issues at home may also be needed. In some cases, medics fail to write these out or write orders for the wrong medication or dosage.

How To Claim For Medical Malpractice

Claims in medical malpractice cases can only be successful when there’s sufficient evidence. Building a strong case relies on two key areas of legal expertise. There’s the ability to prove that a victim suffered during their time in medical care and the ability to place that blame on someone directly.

Allocating blame isn’t always easy because you have so many factors to consider. Ideally, you want to be able to prove that the actions of one medical professional or the policies of a medical organization resulted in harm. Recorded or video evidence, such as CCTV footage or recorded calls, helps where available. These files may be enough to highlight a lack of training or knowledge, incompetence due to intoxication, or blatant disregard for health and safety. Experts like this top medical malpractice attorney may also look at the qualifications of a medical team, the clauses in any contracts with facilities, or any evidence of restricted care or embezzled funds.

Proving pain and suffering can be much easier in medical malpractice cases if there are obvious signs of injuries. Patients or loved ones can take photos of injuries and complications while in medical care. This can include issues such as bedsores from neglect or infected surgical wounds. There’s also the chance to claim mental anguish, such as any depression, anxiety, or emotional disorders caused by the impact of malpractice.

Then, there’s the financial side of this pain and suffering. Even if the physical wounds have healed and you’re getting over the mental health issues, there may be significant financial implications from medical malpractice. One of the biggest has to be the medical bills. You can claim that money if malpractice leads to further treatments, longer hospital stays, or extra medication. You can also claim a loss of earnings for any time you couldn’t work because of hospital stays or complications.

Making Claims For Other People

Another consideration with these medical malpractice cases is that you can seek justice for malpractice suits for other people. This isn’t like a personal injury case where you seek compensation for something you suffered. These lawsuits are a great lifeline for families dealing with concerns over the well-being of relatives. For example, there are situations where elderly patients deal with neglect, malpractice from inadequate care, or other forms of abuse yet stay silent. Family members can compile evidence to make a claim and get justice for any opposed victims. On top of that, it’s also possible to make a claim when medical malpractice leads to a wrongful death.

Could You Get Medical Malpractice Compensation?

Medical malpractice is a horrible situation for patients and their loved ones, and it can be tough to get over. Skilled medical malpractice lawyers can help clients uncover the right evidence, compile compelling cases, and get the right compensation.