Malpractice in Medicine

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Malpractice is simply going against the ethics of a profession. A professional is not supposed to offer a service that is below what is standard. In the medical world a lot of these cases occur. A doctor was negligent or they misdiagnose a condition in a patient.

Medical malpractice refers to professional negligence by a health care professional or provider in which treatment provided was substandard, and caused harm, injury or death to a patient. In the majority of cases, the medical malpractice or negligence involved a medical error, possibly in diagnosis, medication dosage, health management, treatment or aftercare. The error may have been because nothing was done (an act of omission), or a negligent act.

Medical malpractice law provides a way for patients to recover compensation from any harms resulting from sub-standard treatment. The standards and regulations for medical malpractice differ slightly from country-to-country; even within some countries, jurisdictions may have varying medical malpractice laws.

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First of all you really need to be certain that malpractice took place. This is because not every mistake done by a doctor equates to malpractice. You will need to consult an attorney just to be sure.

First, you should remember that not every situation in which one is unhappy with a doctor or other health care professional amounts to malpractice. You should consult with an attorney before moving forward with a claim for medical malpractice, not only to determine whether you have a viable cause of action, but also for help finding the experts you will need to prove your case and navigating the legal process in general.

Misdiagnosis. Missed or delayed diagnoses are major causes of malpractice complaints. When a doctor misdiagnoses a condition or, alternately, fails to diagnose a condition for some period of time, the patient could miss treatment opportunities that might have presented serious harm or death. Indeed, a misdiagnosis could lead to the prescription of treatments that are not appropriate for the patient, also potentially resulting in harm. The key to such a case is showing what the treating doctor did wrong and how a competent doctor should have gone about diagnosing the condition. If a reasonably skillful and competent doctor would not have made the same mistake under the same circumstances, then the treating doctor may be liable for malpractice.

Childbirth Injuries. A number of injuries can be caused by medical malpractice to a fetus during pregnancy or to a child during the birth process. Some of these injuries can be quite severe, such as brain injuries (like cerebral palsy and seizure disorders), fractured bones, and full or partial paralysis. Of course, many of these are caused by natural causes, as well. Nevertheless, if a doctor’s negligence caused these conditions or the doctor failed to take steps to treat a condition that could lead to these conditions, medical malpractice may have occurred.

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So how do you know that you were neglected by the health workers. If you got injured during the process then you have a right to go ahead and make claims. There are doctors who are true to their calling and they will apologize to the patient when they are on the wrong.

How do you determine if someone is the victim of medical negligence?


A malpractice claim exists if a provider’s negligence causes injury or damages to a patient. However, experiencing a bad outcome isn’t always proof of medical negligence. Also, on occasion, health-care providers will inform a patient that the person has received negligent medical care from a previous health-care provider and—presumably in an effort at complete honesty—will sometimes tell a patient that they, themselves, have made a mistake.

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