What is Medical Malpractice?
Medical malpractice is negligence committed by a professional health care provider-a doctor, nurse, dentist, dental office or staff, pathologist, neurologist, oncologist, cardiologist, toxicologist, pharmacologist, technician, nursing home or staff, hospital or hospital worker-whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.
Medical malpractice attorneys mostly work with medical malpractice cases that are based on the concept of negligence-that is, the medical malpractice attorney helps recover damages for the patient that was harmed because the medical care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards.
The prescribed standard of medical care may vary from state to state - and medical malpractice attorneys need to be aware of these standards. Because medical care providers cannot guarantee the results of medical treatment, a patient's medical malpractice claim is not valid just because his or her treatment was not successful. Instances of medical malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury or illness because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved or appropriate for the patient's condition.
Injury may occur when anesthesia is improperly given or not given in a timely manner to a patient. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice. Most doctors and hospitals carry malpractice insurance and some states even require that they contribute to a state patient`s compensation fund. Statutes of limitation govern the filing of malpractice claims and prevent filing once a certain amount of time has passed after the malpractice. It is important to consult with a medical malpractice attorney knowledgeable in medical malpractice so that you may learn your rights if you think you have been injured as a result of anesthesia negligence. For more information on medical malpractice, contact a qualified medical malpractice attorney.
Nursing Home Injuries and Negligence
Injuries suffered by residents of nursing homes may be recoverable under applicable state laws for medical malpractice. When health care providers fail to provide treatment with a reasonable degree of care, they may be liable for any resulting damages. Health care providers include the professionals and staff of nursing homes. Because nursing home residents require special care and attention, it is all the more important that the nurses and staff of the nursing home provide proper care to the residents. If the nurses and other staff of a nursing home neglect or abuse a patient, the victim may seek payment for damages, known as recovery, under the law of medical malpractice. If you or someone you know reside in a nursing home and have been injured as a result of improper care, consultation with a medical malpractice attorney knowledgeable about medical malpractice law could help you determine if you have a valid claim. For more information on nursing home injuries, contact a qualified medical malpractice attorney.
Thousands of injuries occur every year in the United States as a result of medical malpractice involving doctors, nurses, anesthesiologists and other medical and hospital staff. However, less than 10% of them are investigated by a medical malpractice lawyer specializing in medical malpractice claims because of the complicated legalities involved. The standard definition for medical malpractice is where a person has suffered an injury which they would not have otherwise suffered had the care not been negligent. The medical doctor, nurse, anesthesiologist, medical or hospital worker is considered negligent if the care falls below the minimum standard of skill or care which medical profession regards as acceptable.
Once medical malpractice has been proven, it is necessary to show that the damage has been caused as a result of negligence, which is difficult because the patient was already ill when the negligent treatment started. Typically, the medical malpractice attorney will show the natural progression of the underlying condition and what the outcome would have been if the patient received proper treatment to establish what a difference the negligence made. However, the definition for medical malpractice differs from state to state, and so does the statute of limitation.