Medical Malpractice - Can I Sue My Doctor?

It is the legal duty of all doctors to provide proper and adequate health care to their patients. They are legally allowed to refuse to take a new patient, whether due to personal reason or a clinical disagreement with a patient. However, if a doctor has accepted a patient, then he/she can not turn away that patient.

Patients have a legal right to get appropriate medical treatment. If the doctors do not or can not provide proper medical care, then it amounts to medical malpractice-for which patients can rightfully sue their doctors. We will look at three areas of malpractice in this article.

Negligence

Negligence is a major type of medical malpractice. A doctor can be sued for negligence if she fails to provide you with the kind of medical care that any reasonable, qualified doctor would give you in those particular circumstances.

If she does not meet that standard of competence, care and conduct, then you can legally sue her. If you suffer an injury or disease due to the negligence of your doctor, then she may be legally bound to pay you.

A doctor can not put forth any excuses, such as, "I did the best I could." If she fails to act reasonably, then she may have to pay her liability.

Failure to obtain informed consent from a patient

Failing to get informed consent from the patient before administering medical treatment is another type of medical malpractice. Sometimes it may also be considered an assault.

A doctor must inform you about your medical condition. You have a right to know the nature and details of the treatment recommended by your doctor. Unless you are well-informed about the tests and procedures involved, you are not in a position to give your consent to the treatment.

A doctor is not required to explain each and every risk, but she must disclose the risks relevant to your consent for the treatment.

A doctor is legally obligated to obtain your informed consent before starting your treatment. Informed consent means you consent to the treatment only when you are well acquainted with the nature of the medical procedure, risks involved and other possible options.

If the doctor does not follow this guideline, then she can be sued for medical malpractice. However, you can only sue your doctor if the lack of informed consent results in medical problems. Otherwise, your doctor will not be liable to you.

Patient-doctor Contracts

The third kind of medical malpractice is breaking the contract between patient and doctor. This is a recent addition to the list of medical malpractice. You must discuss with your lawyer how the abovementioned contract is related to your medical services plan.

If you are a victim of medical malpractice: what you should know

You need to speak with a personal injury/medical malpractice lawyer right away. They are experts at this sort of thing and know how to handle hospital administrations and insurance companies, you don't.

Don't sign anything! The hospital or doctor's office may want you to sign a "release" of some sort as a "routine thing" they do in these types of situation, don't sign it, and bring it to your lawyer.

A medical malpractice action must be brought to court within two years of the alleged act. Act quickly before the witnesses start to forget the events. It will cost you nothing to speak with a lawyer; not doing so is foolishness,

One final comment

Some people may be reluctant to bring a suit against a family doctor they have known for years and maybe even interact with socially, this is understandable. The truth is you have been insured by this person and deserve to be treated with respect and compensated for your injuries. Your doctor has insurance; this is why they have it!

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So What Is Medical Malpractice?

Medical malpractice is a form of negligence case. In this negligence case, the offer is a healthcare provider, mostly a physician, and works on the state personal injury law. Medical malpractice condition applies when the physician digresses from the normal standard course of action, whether by intent or by mistake. For instance, if your hospital bed's rail isn't locked properly, that can be posed as a medical malpractice as an open-heart surgery performed in a different process can be. It can be in the form of wrong medication, lack of follow-up care, surgical, prenatal or delivery errors, including anesthesia.

Any form of physical care that is substandard is termed as medical malpractice. Substandard can be defined as violation of the normal procedure of medical actions.

In this case, the Canadian law definitely protects you from medical negligence from your physician, whether he is a private physician or a hospital employee. The first thing to be proven is the professional relationship between the physician and the patient. The second thing is that the patient hasn't given any informed consent to the recommended digression from the normal process. This normally happens when the physician explains the benefits, risk and detailed process of a recommended action, rather than the normal one, and the patient agrees to it.

If it is not informed and consented to beforehand, then the patient can claim compensation for the negative consequences that followed the medical malpractice. But just saying that you could have been hurt due to the malpractice isn't enough. You have to show real consequences, whether physical or economical, and its direct relation with the medical malpractice.

Compensation claims on medical negligence cases can turn out to be quite tiring, cumbersome and tricky at most. The plaintiff's prosecutor who is pretty much deft in the lawsuits will even make it so. The only way is to find yourself a good lawyer specializing in malpractice cases, and let him take it from there.

If it is not informed and consented to beforehand, then the patient can claim compensation for the negative consequences that followed the malpractice. But just saying that you could have been hurt due to the malpractice isn't enough. You have to show real consequences, whether physical or economical, and its direct relation with the malpractice.

Compensation claims on medical negligence cases can turn out to be quite tiring, cumbersome and tricky at most. The plaintiff's prosecutor who is pretty much deft in the lawsuits will even make it so. The only way is to find yourself a good lawyer specializing in cases, and let him take it from there.

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Common Questions About Medical Malpractice

Those who have been victimized by the negligence or carelessness of a doctor, nurse, or medical organization, most likely have many questions going through their mind. No one ever expects to go through this type of ordeal and it is impossible to be prepared for what might happen. If you have found yourself dealing with a misdiagnosis, birth injury, medication error, plastic surgery error, or wrongful death, having a strong legal advocate on your side could make all the difference in the outcome of your case. You should not have to suffer because of the actions of another and the doctor or nurse should be held responsible for what they have done.

What is medical malpractice? This is a broad category of personal injury law that involves any error, negligence, or carelessness on the part of a medical professional or medical organization. When their treatment falls below the standard of care expected, they could be guilty of negligence. This does not include those who are merely unhappy with the outcome of their surgery or treatment. No one can guarantee that a certain result will come from a medical procedure and the law does not allow patients to sue if they are not happy with their progress. However, if undesirable results occurred because the doctor or nurse made a mistake, this could fall under medical malpractice.

What are the main types of medical malpractice? There are countless ways that patients have been harmed while under the care of a doctor. However, there are some mistakes that are more common than others and some that lead to more serious ramifications. Anesthesia is used extensively in surgeries so that patients can be put to sleep during painful procedures. The anesthesiologist has a huge responsibility on their shoulders, as too much of the drug can lead to serious injury or death. Birth injuries can occur if the mother unknowingly took a harmful drug or if the medical staff made a mistake during delivery. Another common type of case is misdiagnosis. Doctors are responsible for examining every aspect of each case so that they can accurately diagnose the illness. If they fail in this regards, the treatment will be ineffective or even worsen the patient's condition.

What if a patient died from medical malpractice? Wrongful death is a heartbreaking situation as it, by definition, is a preventable incident. Although filing a lawsuit against the person or persons responsible will not bring the loved one back, it is still necessary to hold the guilty party liable for what they have done. Not only could this ensure that it will not happen to another person in the future, but it can bring a sense of justice to the family left behind. If you would like to discuss your case with a professional, contact a medical malpractice lawyer from your local area to learn more.

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What Damages Does a Medical Malpractice Claim Cover?

Was your child the victim of a birth injury? Did a doctor made a surgical error that caused you significant injury? Did a case of misdiagnosis mean that you were not able to receive the treatment you needed? Medical malpractice is a serious issue in the U.S. No-one is perfect and it has to be expected that mistakes will occur in hospitals and medical facilities. It is when those errors display gross negligence and carelessness that something should be done. Negligence in a medical malpractice case means that another doctor who was in the same situation would have acted differently.

Why is it important to file a medical malpractice claim? One reason is that it holds the guilty individual responsible for what they have done. This could ensure that the same tragedy does not affect another person. Another reason it is so important to file a claim is because it can allow you to get the finances necessary to get back on the road to recovery. In the wake of a medical malpractice case, the victim can be left facing mounting bills and expenses.

In a medical malpractice case, damages can be awarded for different elements. First is medical expenses. The amount of medical costs the victim has had to deal with will be calculated and the sum will be added to the award. Depending on the case, the victim may also receive compensation for the estimated amount of money they will need to cover medical costs in the future. Especially in cases where long-term care is required, the award for future medical costs could be substantial.

The burden of medical costs could be compounded due to the victim's inability to work. Based on how many months they already had to take off of work as well as how many months or years they will not be able to work in the future, the court could include this amount into the final verdict. Not all consequences of a malpractice case can be so easily calculated. Physical pain and mental pain and suffering can be compensated for. Things that will be taken into consideration include the loss of enjoyment they may incur because of their injury.

In cases where the victim of medical malpractice does not recover and dies as a result of their injuries, the family members they left behind could be entitled to some type of compensation. Even though no amount of money will ever be able to make up for the loss of a loved one, it is still important to pursue justice. A wrongful death lawsuit could take into consideration loss of salary, loss of companionship, medical expenses, funeral costs, and mental pain and suffering.

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Has Medical Malpractice Happened To You?

Medical malpractice is usually a term that's used when dealing with court cases, where a medical procedure goes wrong, or someone gets injured in some way, and a lawsuit is brought up. But what exactly is considered to be a medical malpractice, and how does the process go? Let's see what usually happens in these cases, how the court proceedings happen, and what you should know if this happens to you, so you can be prepared and ready to face any eventuality.

A medical malpractice is when a doctor or other medical professional makes a mistake, or does something that they weren't supposed to do, and this in turn causes undue pain or even death. If it resulted in an injury, and you were the patient, then you would be the defendant in the suit. If it resulted in death, then it becomes a wrongful death lawsuit, and the defendant is usually the executor or a family member. The core of most such cases usually focus on whether or not a medical error happened, and who was responsible. In order to establish that a medical malpractice did happen, you will have to prove four factors. First, you need to show that a legal duty exists whenever the hospital or clinic starts a medical procedure, that the medical provider failed to conform to the standard care, the breach of duty was the cause of the injury, and actual damage occurred such as an injury, financial loss, or death.

Usually, when someone wants to sue for medical malpractice, they need to hire a lawyer, and that lawyer files paperwork in a district court. The plaintiff has the burden of the proof, and needs to show to a judge or jury that a medical malpractice happened. This can be done through expert testimony, case law, and witnesses. Usually, these types of cases are brought against doctors and other medical professionals, along with the hospital or clinic. Both have large insurances to handle these cases, because these cases happen very frequently. If you end up winning, or a settlement is reached, both punitive and compensatory damage can be issued by the judge, and you may get a financial compensation based on each specific case.

If you think you've been the victim of medical malpractice, then there are many professional lawyers that can hear your case, and help you decide what your chances are. The majority of cases get settled, and it can be worth it to file these types of lawsuits in some cases. Your best chance is to consult a lawyer, and see what him or her about your particular case.

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