What is Medical Malpractice
Medical malpractice is professional negligence by act or omission
by a health care provider in which the treatment provided falls below
the accepted standard of practice in the medical community and causes
injury or death to the patient , with most cases involving medical
error . Standards and regulations for medical malpractice vary by
country and jurisdiction within countries. Medical professionals may
obtain professional liability insurances to offset the risk and costs
of lawsuits based on medical malpractice.
Medical
malpractice is the most common legal complaint that involves hospitals
and doctors. This takes place when a medical error, even the smallest or
simplest one, occurs due to negligence or carelessness and results in
injury, disability or fatality. It's a popular misconception that for a
medical error to be considered malpractice, death should occur. It's not
necessarily that way. If a mistake committed by a doctor or member of
the medical staff results in serious injury or disability, this can also
be grounds for a medical malpractice complaint.
Medical Malpractice Type
Birth
Injury - Medical malpractice case for birth injury. Case involved a
hospital and an obstetrician who allegedly failed to deliver a baby in a
timely and appropriate manner. The case also alleged the failure of the
hospital's vacuum suction device to work properly. The birth resulted
in a severe brain injury to the baby. The family was represented by
Daniel P. Gerash along with his father Walter L. Gerash. The case was
ultimately settled for a confidential amount.
Surgeon
Malpractice - Medical malpractice action against surgeon who presumably
left a surgical sponge in client's chest during heart surgery. The
sponge created embolism that led to death of client. Family represented
by Daniel P. Gerash, then with Gerash, Prugh, & Gerash, P.C.. Case
was settled for a confidential amount.
Medical
malpractice is the one that has the highest likelihood of death or
disability as the end result. However, a medical malpractice lawsuit
doesn't always have to result in death. Poor conduct by a medical
professional, carelessness or ignorance of a particular medical
situation may also be valid reasons. And it doesn't always have to be
from your family doctor.
Surgeons, dentists, nurses or even pharmacy
technicians can perform medical malpractice. That's why finding an
expert like a malpractice lawyer is so important if you feel you have
been wronged in some way. Some examples of medical malpractice include
failure to diagnose serious or acute health issues, injury to a mother
or baby in the birthing process, or prescribing or handing out improper
medication.
Final Words
When we seek medical attention, we hope that the doctor, nurse or other
healthcare professional is well qualified and competent enough to take
good care of us. Unfortunately, this is not always the case.
Humans make
mistakes, doctors and nurses can also make mistakes resulting in
medical malpractice. Filing lawsuits while you are experiencing
complications resulting from malpractice isn't always easy, therefore an
experienced attorney is necessary.
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