Navigating the realm of healthcare can often feel like traversing a labyrinth for most people. In it, trust intertwines with vulnerability, and the occurrence of medical malpractice can be a perplexing – not to mention, disheartening – reality.
Recognizing the signs of potential malpractice is vital for those who suspect that something in their medical care has gone awry.
Read on below for a brief introduction to what medical malpractice is, as well as some red flags that could indicate that you have a possible case on your hands.
What is Medical Malpractice?
Medical malpractice is defined as professional negligence by a healthcare provider, such as a doctor, nurse, dentist, or other medical professional, that results in harm or injury to the patient. To establish a medical malpractice claim, certain elements generally need to be proven:
- Duty: The healthcare provider owed a duty of care to the patient.
- Breach of Duty: The healthcare provider failed to meet the standard of care expected in their profession.
- Causation: The breach of duty directly caused harm or injury to the patient.
- Damages: The patient suffered measurable harm or damages as a result of the negligence.
While some medical malpractice cases can be both clear and obvious, others are not as cut and dry. An experienced lawyer like Tom Bosworth of Bosworth Law in Philadelphia can help thoroughly investigate and determine whether or not malpractice occurred.
Do You Have a Medical Malpractice Case?
The following are some of the most common examples of medical malpractice that may indicate that you have a case:
Misdiagnosis or Failure to Diagnose
Misdiagnosis is a common pitfall in the medical world, and it can lead to delayed treatment, unnecessary procedures, or worse–the exacerbation of your condition. If you find yourself questioning the accuracy of your diagnosis or facing worsening health despite following prescribed treatments, it's time to consider the possibility of medical malpractice.
Surgical Errors or Surgery at the Wrong Site
Undergoing surgery is inherently nerve-wracking, and the outcome is largely in the hands of the medical professionals involved. If you undergo surgery and wake up to unexpected complications or outcomes that were never discussed by your medical professional with you preoperatively, then you may claim medical malpractice. This includes surgical errors, wrong-site surgeries, postoperative complications due to negligence, or other irregularities in your surgical experience.
Improper Medication Prescribed
Prescription medications play a crucial role in managing health conditions. If you experience adverse effects not listed in the medication's warnings or if your condition worsens despite following the prescribed regimen, that could be a red flag. Medical malpractice can manifest in prescription errors, such as incorrect dosages or the prescription of incompatible medications.
Communication Breakdown
Effective communication between patients and healthcare providers is the backbone of quality care. However, breakdowns in communication can occur, such as when your concerns are dismissed, your questions go unanswered, or when your healthcare provider fails to properly interpret the results of any tests ordered. These can lead to missed diagnoses, improper treatments, or inadequate follow-up care.
The list above is far from an exhaustive one. If you believe that you have a medical malpractice case and are searching for a medical malpractice lawyer in Philadelphia, then you couldn’t go wrong with choosing Tom Bosworth of Bosworth Law.
He and his firm handles medical malpractice, psychiatric malpractice, product liability, birth injuries, car and truck accidents, and wrongful death cases, among others. Visit the Bosworth Law website now for a free consultation.
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Malpractice refers to misconduct by a lawyer or medical professional.
Malpractice is the negligence of doctors, nurses and dentists.
While laws regarding medical malpractice vary widely between countries, a general rule states that a healthcare practitioner who fails to provide competent, fair and reasonable medical care for a patient is liable.
A higher level of skill is required if a practitioner claims to be a specialist.Jurisdictions are becoming more open to informed consent claims made by patients who claim they weren't adequately informed about the risks involved in medical procedures before they agree to them.
[3] Patients who claim they were not adequately informed about the risks of medical procedures before agreeing to treatment have been able to raise claims based on informed consent medical malpractice lawyer cases can be caused by surgical errors, birth traumas and medical misdiagnoses.
To prove negligence, the plaintiff must show that there were negative legal, financial and other consequences.
