Medical negligence or malpractice cases are more frequent than you think. You have the right to trust your doctors and the medical staff caring for you when you are admitted to a hospital. After all, the medical staff’s primary concern should be to assure proper levels of health and medical attention to all their patients. But unfortunately, mistakes happen and they are far more severe when other’s lives are at stake. While medical staff and doctors sometimes try their best to improve their patient’s health, sometimes nothing can be done to reach positive results. But besides those instances, medical negligence might happen, with obvious negative outcomes. Below are some tips on how you should handle a similar situation if it ever occurs to you or any other family member.
Understand what malpractice is
The first step to fill in a malpractice claim is figuring out if you really were the subject of medical negligence. You could discuss with a Miami injury attorney first, as they surely have a deeper insight into the matter. Plus, each state has different laws and regulations and you want to make sure that you are up to date with those in your state.
Generally, a medical provider commits malpractice when they fail to do something that they should have done to maintain a proper health in their patients or when they have done something they shouldn’t. This is generally known as violating the standards of care, and this is something all reasonable, competent doctors should be able to follow. To fall into the medical negligence category, the medical staff you should be able to prove the elements below.
- The medical provider had a duty to care for the patient;
- The medical provider broke that duty;
- The patient was subjected to an injury due to that reason;
- The injury has affected their health or life standard due to the injury.
Do I sue the medical provider or the health facility?
Generally, it’s fairly difficult to figure out who should you be suing. But this generally depends on several variables, as described below.
- Who was responsible to prevent or take care of the event that led to your injury?
- Was it the doctor or other employees, or was the event caused by the improper conditions in the hospital?
Your attorney will most likely help you determine these variables and will help you fill in a claim that will most likely lead to your case’s success.
What falls under malpractice?
Certain types of injuries certainly fall into this category, as described below.
- Failure to diagnose;
- Improper diagnosis;
- Lack of informed consent;
- Failure to advise a patient of a diagnosis;
- Errors in parental diagnostic testing;
- Abandonment or failure to attend the patient;
- Improper drug prescription;
- Continuing an ineffective treatment;
- Surgical errors;
- Anaesthesia errors.
These are some of the most frequent medical errors in hospitals all over the world. If you think that you were subjected to malpractice, get in touch with an attorney that knows your state’s laws in detail.