How Do I Determine If Medical Malpractice Has Occurred?

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With growing pressure on medical health care services, medical malpractices and negligence cases increase at a stunning rate. Whenever a health care professional fails to provide his duty of care to the patient in terms of the right diagnosis, treatment, or neglect taking appropriate action, resulting in death, injury, or harm to the patient, it is said to be a medical malpractice case.

Often, patients feel that they were not taken good care of by the hospital or were wrongly diagnosed or given incorrect treatment, but not all cases are medical malpractice cases. Such cases are highly complicated and tough to prove the negligence of the health care provider. Usually, such cases involve a medical error that can be incorrect health management, medication dosage, diagnosis, aftercare, or treatment. If the case of medical malpractice is proved in court, the patient or the next of kin in the patient’s death can recover compensation from damages incurred due to substandard treatment.

Every year, there are 15 thousand to 19 thousand malpractice cases against doctors in the United States of America. The regulations and standards of medical negligence and malpractice differ from state to state.

Determining Medical Malpractice

Doctors, pharmacies, hospitals, and other medical care staff are expected to provide a certain standard of care. Failing to do so, knowingly or unknowingly, exposes them to a medical malpractice case. At the same time, it is important to understand that not every inconvenience experienced by a patient is the professional’s fault, and he or she cannot be held liable for the same. If the patient experiences any damage, harm, or injury because the health care provider deviated from the expected care quality, he or she can be considered legally responsible.

A lot of factors are considered to determine if a person has a medical malpractice case. Here are a few of them.

  • If the medical health care professional fails to provide health care to the patient as per the standard and expected care, he/she can be accused of medical negligence;
  • If the person suffers from any injury, harm, or damage because of the medical professional’s negligence, a patient can sue for medical malpractice. In case this negligence is not proved, the case cannot be proved.
  • If the injury incurred by the person or patient has been very damaging and the same can be proved through medical records and documents, it can result in medical negligence. This damage may be manifested in the form of enduring hardship, suffering, consistent pain, temporary or permanent disability, a considerable loss of income, loss of job, etc.

Hiring a Miami medical malpractice attorneys is important as he has immense experience, knowledge, and information on such cases and guides the case. He can get the case ready such that it shows the negligence of the physician or the surgeon when fulfilling the duty of care, resulting in an injury. The lawyer will consider four elements of negligence to make the case fly in court and get the desired outcome.