All too often, you trust every word your doctor tells you about something that’s ailing you. But what you forget is that doctors are human, too. This means they are not immune to causing you personal injury via medical malpractice, which can actually worsen an existing condition, causing you unnecessary pain, financial stress, and psychological trauma.
If you are the victim of medical malpractice, you need to contact a reputable personal injury attorney as soon as possible. Says the professionals at Cohen & Winter PLLC, New Hampshire personal injury lawyers, if a doctor has caused you personal injury through carelessness or negligence, you are likely very angry.
Maybe money via a settlement won’t solve all your problems, but it will ease the strain of moving forward. It will also provide you with a sense of justice. A reputable personal injury attorney will represent you to the best of your ability and get you the fair compensation you deserve while you focus on your recovery.
That said, how can personal injury due to medical malpractice affect your life going forward? According to a recent report from Forbes Advisor, medical workers are entrusted with taking your life into their hands, which means you fully expect them to perform their jobs as competently as possible. But if they fall short, you have the right to bring a medical malpractice suit against them, which will hold them accountable for damages associated with personal injury.
Defining Medical Malpractice
Medical malpractice happens when a doctor or healthcare provider issues care that does not live up to correct standards. Omissions and acts can constitute malpractice. This means if a healthcare provider fails to act accordingly when a more competent doctor would have taken action, the provider is liable to be held accountable.
In the same vein, if you are treated, and the care you receive is considered below the level of the care a similarly trained medical provider would have offered you, this can also be considered malpractice.
The Elements of a Medical Malpractice Claim
If you feel you have been the victim of medical malpractice, you must prove the following:
–A caregiver or doctor had a professional duty to treat you.
–The caregiver or doctor failed in fulfilling their duty either because they failed to act or they acted in such a way that no competent physician would have.
–You received personal injury as a result of the physician’s failure to competently perform his or her professional obligations.
–You deserve monetary compensation for the harm caused directly by the failures of the physician or caregiver.
Keep in mind that professional care comes about when a medical professional accepts you as a patient and begins treating you and/or offering medical advice.
Some Examples of Medical Malpractice
Says Forbes Advisor, a failure on the part of a medical physician or provider to give you an acceptable level of competent care could and should be considered medical malpractice. Some types of malpractice are more common than others. Here are a few examples of common instances of medical malpractice:
A Gross Misdiagnosis
If it should happen that a medical doctor diagnoses you with the wrong condition, this can be considered a case of medical malpractice so long as it can be proven that a competent physician would have properly diagnosed your condition.
For instance, if a physician diagnoses you with indigestion when it’s obvious to another doctor you are having a heart attack, the misdiagnosis can be considered medical malpractice for which you would be due monetary compensation.
A Delayed Diagnosis
A prompt diagnosis is said to be crucial when you treat a medical condition. If your medical provider fails to diagnose a medical condition in a reasonable amount of time, the doctor can be held accountable for a delayed diagnosis.
A Failure to Obtain Informed Consent
Prior to providing you with proper medical treatment, a medical doctor must obtain your “informed consent.” What this translates into is you must fully agree to undergo a specific procedure once you have been fully informed about the medical procedure, plus the risks involved, along with the medical treatment alternatives.
If the doctor does not explain things in a proper and clear manner and also fails to obtain your permission to proceed with the treatment, then you will likely be eligible to file a case of medical malpractice.
Incorrect or Wrong Treatment
Medical doctors are legally obligated to select the treatment that is likely to help with your medical condition. Maybe the doctor isn’t expected to be perfect when selecting the treatment, but they need to be correct about it within reason. For instance, if a doctor suggests a treatment of supplements for cancer instead of radiation or chemotherapy, this can constitute a medical malpractice claim.
In the end, doctors and healthcare providers are human. Humans make mistakes. But when it comes to treating a serious condition like heart disease or cancer, you need to make certain you are getting the best, most competent care possible. Otherwise, the personal injury you might obtain via medical malpractice could potentially cost you your life.