Medical malpractice can also be called as medical negligence. It occurs when medical professionals fail to provide treatment or meet the customary of good medical applications. It can be obligated by an institution, nurse, hospital or doctor. It can also be due to an institution that has a license in providing medical treatment or care. Both the terms medical malpractice and medical negligence refer to medical attention that is faulty due to negligent work by a medical facility or professional. Wrongful death or personal injury is the ultimate result of medical negligence.
If a person has been injured or affected by other medical complications, then he/she has the right to take legal action. It will be covered under personal injury law. The person can take legal action if they are affected by the following cases.
- Late referral to specialists
- When the physician fails to warn about the risks during or before the treatment
- Mistakes during childbirth
- Mistakes during surgery
- Faulty medical products like implants and drugs
- Administration of the wrong dosage or wrong medication
- Misdiagnosed or undiagnosed illness or injury
The medical negligence laws cannot be applied if the patient is not satisfied with the medical care or the outcome. It cannot be applied even if the medical professional has not cured the medical condition. The person should have experienced hurt or injury by the physician. He/she will be considered as a victim if the medical negligence is proved in a clear manner. It should be due to the medical care institution or provider.
Personal injury laws and medical malpractice laws are complex. The cases will be finalized after a period of time. The claims will involve several studies and tests like pathology studies, CT or CAT scan, MRI, deep reading and complete analysis of medical records. It is necessary to seek experienced personal attorney or lawyer who understands and deals with the complex laws in a deep manner.
The medical malpractice lawsuit is mainly filed to get compensation from the party. It helps the doctors to maintain standards in medical treatment and prevent unnecessary mistakes. The doctors and physicians will have the fear to maintain care up to the standards in order to avoid a lawsuit.