What is considered medical malpractice?
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Medical malpractice occurs when a healthcare professional, such as a doctor, nurse or hospital, fails to provide appropriate medical treatment, resulting in harm or injury to the patient. The standard for what is considered appropriate medical treatment is based on the level of care that a reasonably competent medical professional would provide in similar circumstances. In other words, if a healthcare professional provides treatment that falls below the standard of care, and that treatment causes harm to the patient, then it may be considered medical malpractice.
Examples of medical malpractice might include:
- Misdiagnosis or delayed diagnosis of a medical condition
- Surgical errors or complications resulting from surgery
- Medication errors, such as prescribing the wrong medication or dosage
- Failure to properly monitor a patient's condition during treatment
- Birth injuries, such as cerebral palsy caused by medical negligence during labor and delivery
- Anesthesia errors, such as administering the wrong dose or failing to monitor the patient properly during a procedure
- Infections or other complications resulting from unsanitary conditions or negligence on the part of healthcare providers
- Failure to properly inform the patient of the risks of a procedure or treatment, also known as informed consent.
It is important to note that not every negative outcome arising from medical treatment constitutes medical malpractice. There are certain risks and potential complications that are inherent in certain medical procedures, and healthcare providers are not always responsible for these outcomes.
Additionally, medical malpractice claims are subject to a statute of limitations, which varies by state but is usually around 2-3 years from the date of the injury or from when the injury was discovered. It is important to seek legal advice promptly if you suspect that you or a loved one has been a victim of medical malpractice.
If you believe that you have been the victim of medical malpractice, consider contacting a qualified medical malpractice attorney who can evaluate your case and help you understand your legal rights and options.
