Patients put a lot of trust into their medical providers. They trust that they are properly trained for their specific medical condition. They trust that they have all of the necessary licenses and certifications. Finally, they trust that everything they recommend or prescribe is for improvement of medical conditions. Although some medications and medical procedures may have negative side effects, it is recommended that more good will come out of the bad. Although the majority of medical providers are always looking out for the health of their patients, some may be responsible for medical malpractice.
Lack of knowledge in medical area If you suffered a medical condition or side effects from a physician?s lack of knowledge, you may be owed compensation. When your physician agrees to take on your medical care, they are also agreeing that they are capable and knowledgeable for the job. Cases involving lack of knowledge in the medical field might include physicians taking on cases strictly for financial compensation, not referring when necessary, and providing poor recommendations and knowledge that is based on lack of knowledge.
Intent to harm Although this type of a medical malpractice lawsuit is less common, it is still possible and requires lawyer representation. If it is proven that your physician or other medical provider provided you with medical care or medical recommendations with an intent to harm, you are likely to have a personal injury case. The Journal of the American Medical Association (JAMA) reports that about 225,000 people die each year from medical malpractice. Poor intent to the patient is harder to prove, so may not be as common of a medical malpractice lawyer case.
Lack of attention Sometimes medical malpractice cases are accidents. However, they are deemed to be the physician?s fault for not paying close enough attention. For example, a physician who prescribes a patient a medication that counteracts with another medication they have prescribed is at fault. They should be following closely enough to notice any possible interactions. They should also be keeping detailed enough of records to prevent any such problems. Medical malpractice lawsuits paid out $3.6 billion in 2013 and many of these were the result of a lack of attention.
A obstetrician who does not do necessary testing is also liable for a medical malpractice case. Close to 50% of all birth injuries are potentially avoidable by identification and planning for obstetrical risk factors. If a child is born with birth defects that could have been prevented, the parents may have a case against the delivering physician or the obstetrician who was responsible for the prenatal care during the pregnancy.
Other medical providers It is possible for lawyers to file a medical malpractice lawsuit against others who are not physicians. Any person who chooses to work in the medical field is taking an oath of due diligence to their patients. This means that their sole intent is on making the patient feel better. A pharmacist may be breaking that oath by not double checking medication. A medical malpractice attorney may sue a pharmacist for medical malpractice for providing the patient with a different prescription than what the physician prescribed.
A mental health provider may also be charged by a medical malpractice lawyer for not following due diligence. A mental health provider that takes advantage of a client?s mental health for income is committing a crime. It is also seen as medical malpractice if the mental health provider does not possess the required knowledge and attempts to work with a certain psychological condition. Psychiatrists can also be charged with medical malpractice for not referring the patient to any needed services.
Unfortunately, there are many things that can go wrong during the medical procedure process. Some of these wrongdoings are simply common side effects, while others are due to a lack of knowledge, experience, or with an intent to harm. When one of these factors contribute to a medical accident or injury, the patient may be liable to medical malpractice damages. They will have to work with a lawyer to establish if they have a case and if they are likely to get reimbursement for their damages.
