When patients seek medical help, they deserve the best treatment from a medical practitioner. Unfortunately, in some cases, just the opposite occurs. Medical malpractice is a common occurrence. It refers to a situation where a doctor or other healthcare provider diverges from the standard of care. In other words, they fail to provide the type of care that other medical professionals would have under similar or the same circumstances. Medical malpractice laws are enacted to help you receive compensation for any damage or injury caused by the negligence of a medical practitioner.
What Counts as Medical Malpractice?
Medical malpractice occurs rather frequently. Here are some common causes:
- Surgical errors
- Unreasonable delay in treatment
- Failure to provide proper treatment
- Birth injuries
- Anesthesia or medication errors
- Failure to inform patients of the risks
- Failure to inform patients of any alternative treatment options
- Failure to diagnose
Informed Consent
Before a physician performs any type of medical procedure, they are required to advise the patient of any potential risks. Apart from this, the doctor should also inform the patient of any available alternative treatments. If a physician fails to inform and advise the patient before performing the procedure and an injury or damage occurs or the patient suffers accidental side effects, the patient may be entitled to file a medical malpractice claim.
Essential Elements for a Medical Malpractice Case
Although there are several key distinctions, it is important to note that medical malpractice is a form of a negligence claim. There are four essential elements of such a claim:
- The defendant (the party who is being sued) had a duty of care to the person they injured.
- The defendant did not conform to the accepted standard of care.
- The negligence of the defendant led to an injury in the aftermath of the incident.
- The plaintiff (the person who complains) suffered physical, mental, or financial damage.
Making a Medical Malpractice Claim
To file a claim, you will need to hire the services of an experienced medical malpractice attorney. Your attorney will help you file the claim as well as take care of all the legal requirements so you can focus on your recovery. The lawyer will also work to find sufficient evidence to make sure that your medical malpractice claim is as successful as possible.
Proving Medical Negligence
There are three key elements you will need to prove. These include the following:
- Medical Negligence
- Harm
- Causation
Compensation
No two medical malpractice cases are the same but there are general guidelines for calculating the compensation amount. The amount of compensation you can claim in such a case will vary depending on:
- Economic damages you have incurred
- The extent of your injury
- Your future care needs
Hilton & Somer, LLC: Medical Malpractice Attorneys serving Virginia, Maryland, and Washington D.C.
If you are a victim of medical malpractice, know that you have rights. At Hilton & Somer, LLC, our medical malpractice attorneys have the appropriate experience to help you navigate the hurdles of such a claim or lawsuit. Get in touch with us today for a free consultation (703) 560-0700.
References
https://www.medicalnewstoday.com/articles/248175#what_is_medical_malpractice
