Legal•Info

Types Of Medical Malpractice

Medical malpractice occurs when professionals in the medical industry deviate from the established and accepted rules of conduct and standards when treating a patient. And while not all cases of malpractice are fatal, such mistakes can be detrimental to the health and well-being of the patient no matter how small. This is why medical personnel are required to be vigilant about the care they provide for their patients, and why patients need to report any instances in which they believe they have not been treated in a manner befitting someone of the medical profession.

Cases of medical malpractice are brought forth against medical professionals over matters such as medication errors, medical negligence, and failure to fully explain the consequences of treatment and/or procedures to the patient. However, most cases of medical malpractice deal with patients being misdiagnosed. Therefore any treatment advised by physicians and medical staff prove to be ineffective and/or harmful to the patients health.

Misdiagnosed illnesses and/or ailments are not that uncommon; however, most of them don't qualify as medical malpractice. There are numerous illnesses which present with symptoms that resemble other illnesses or medical conditions. Medical malpractice can only be proven if several discrete requirements are satisfied:

that the medical professional owed a duty of care to the patient;
that the medical professional breached that duty, and provided substandard care
that the patient suffered as a result of this breach; and
that there were damages incurred.

Drug related injuries under malpractice laws constitute a responsibility on the part of the medical staff to have caught a mistake, or seen a preventative measure of some kind, that could have stopped a drug injury from occurring. When doctors don't always request a complete medical history of drug allergies or get a thorough list from their patients of medications they're currently taking, a bad drug reaction can sometimes occur. It's up to the medical personnel to be proactive about anything performed on the patient and in doing that, the medical staff needs to make certain they know everything about their patient.

Mistakes can be made by the medical staff in gathering and assessing the patients symptoms in context with their medical history. Other times, patients are misdiagnosed due to medical professionals not focusing as intently as they need to on their patients and their medical needs.

Some examples of the most common medical malpractice cases brought against doctors are:
improper diagnosis
failure to diagnose
medication errors
surgical errors
foreign medical instruments left in body
prenatal testing errors
lack of informed consent
improper treatment
abandonment of patient

When an individual or a loved one becomes ill, they entrust their well-being to the medical professionals that are taking care of them. Not being medical professionals themselves, they rely on their doctors, nurses, pharmacists and others to help them make decisions regarding testing, treatment, medication and aftercare. It is vital important to report any instance of medical malpractice that you encounter in order to prevent it from happening to someone else in the future.

Medical professionals have the safety of their patients in their hands and they're responsible for providing the care that will benefit their patients in the most positive way. And if they don't, patients are strongly urged to seek out legal representation who can advise on the appropriate actions to be taken.