Healthcare is a primary need for everyone. When sick, we seek the best medical attention to help regain our health. One or a few visits to the doctor’s office give specific medication and treatment regimen to cure, stabilize or manage the sickness.
However, at times things can turn for the worse. Medical malpractice is an occurrence where a healthcare professional incompetently performs his duties. A medical professional can mismanage a condition putting a patient’s life in danger. Medical malpractice is a complicated claim to file, prove and get compensation. You can talk to law firm Indiana for free consultation about the possibility of filing a medical malpractice claim for yourself or a loved one.
Types of harm a client can make claims
A patient can sue a physician for:
- Physical pain
- Additional medical bills for unwarranted procedures
- Lost earning capacity
- Mental distress
- Lost job/occupation
Requirements for a medical malpractice claim
Patients who think the doctor mismanaged their medical condition should notify the doctor and the facility. In most medical malpractice cases, the patient should prove:
- The existence of a doctor-patient relationship
There must be documentation of the patient hiring the doctor for medical assistance. For instance, your name should be at the receptionist as a patient served by the doctor. Electronic statements for financial expenses, laboratory tests, medication regimen, and others prove you visited a hospital at a specific time, day and place.
- The doctor’s acts of negligence
A patient who doesn’t recover after treatment is not proof of medical malpractice. A client must show the connection between the doctor’s actions or inaction during diagnosis or treatment. Under similar circumstances, one should proof that the physician caused you to harm in a way that a qualified doctor would not have. A doctor should work and consult skillfully, reasonably, and medically sound.
A medical malpractice claim becomes complicated because the doctor’s actions are meted out against the accepted and documented practice standards.
- The doctor’s negligence caused harm
Medical malpractice claim is complicated because it involves a sick, recuperating, or deceased client. The client must have compelling proof that the doctor acted in bad faith. For instance, a patient whose limb is amputated should prove how the doctor’s negligence caused harm.
For instance, a patient whose functioning limb is amputated can accuse the doctor of medical malpractice than one whose health deteriorates after an appropriate surgery.
Common types of medical malpractice
Surgeons have often left surgical tools and materials in a patient’s body. A doctor may prescribe the wrong medication for a patient’s condition. In worse cases, a patient can suffer permanent disability, scarring, or death. Most medical malpractice cases fall under any of the following categories:
- Failure or improper diagnosis
A doctor may fail to diagnose a patient’s illness. Consequently, the treatment does not improve the patient’s wellness leading to pain, mental distress, and injuries. Further, improper diagnosis can delay recovery and treatment. In either of these cases, a patient can sue for medical malpractice.
- Inappropriate treatment
A competent doctor tends to patients according to the accepted medical standards and procedures. However, if a doctor administers improper treatment, the outcome leads to further complications and pain. A physician may also prescribe the appropriate treatment but error during administration.
- Failure to inform a patient of treatment risks
A doctor has to inform a patient about the probable risk of a medical procedure. For instance, before procuring plastic surgery, the client should be informed of the risk factors and asked to consent in a written document. A doctor is liable for medical malpractice if the patient has not been warned of the risk.
- Premature discharge
Patients are often admitted to a hospital to allow the doctor to monitor their response and recovery process. A doctor is expected to discharge a patient if they deem the client is out of danger. However, a doctor who prematurely discharges a patient may be charged with medical malpractice if a proof is given for the incompetent decision.
- Unnecessary or incorrect surgery
A doctor can operate on the wrong part of the body, leaving the sickly one unattended. For instance, an incompetent dentist can be charged for medical malpractice for removing a healthy tooth and leaving the decayed one intact.
- Leaving materials and equipment inside a patient’s body
A surgeon may mistakenly leave a towel, blades, or other operating tools in a patient’s body. The unfortunate mistake can cause pain and complications to an otherwise recuperating patient. A second operation is required where the forgotten items are retrieved from inside the body.
- Potential infections acquired from a medical facility
A hospital is a potential breeding place for viruses and bacteria. On the other hand, patients are susceptible to infections which can worsen their wellness. Therefore, evidence is required to show that a patient got new infections while on treatment in a hospital.
- Presence of bed sores and pressure ulcers
Bedridden patients have the right to proper care. Nurses have to ensure that bedridden or disabled patients get bedding changes and live in hygienic conditions. Additionally, they should be turned on their beds to prevent bed sores and pressure ulcers from lying in the same positions for too long. Evidence for neglecting these duties is potential proof of medical malpractice.
- Failure to follow up after procedures
A doctor ought to give review clinics to monitor a patient’s recovery. The doctor can determine the need to give alternative treatment, change medication frequency, and prefers a patient for advanced treatment or more. A patient who suffers pain, mental stress, or disability because the physician failed to follow up is liable for medical malpractice.
- Persistent pain after surgery
Surgery is a form of treatment meant to relieve a suffering patient. However, prolonged pain that does not lessen with time may indicate a procedure one sour. Such a patient may require referral services or have unnecessary surgery to correct the previous error.
Conclusion
A medical malpractice claim is the most complicated case the legal professionals. However, a seasoned personal injury attorney can help a client get deserved compensation for the damage done them.
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