When a person has fallen ill or is in need of medical attention, it is likely that he or she will entrust his or her medical team to make the best healthcare decisions that could help him or her recuperate. Unfortunately, there are situations that may arise where a medical team could fail a victim. While rare, a medical team could be held accountable for the carelessness or negligence they committed against a patient.
It is important to understand that medical negligence can happen through many forms. Medical malpractice can happen through the action or the failure to act in regard to some form of medical attention.
To further explain, a clinician can take the active action of doing the following:
- Misdiagnosing the patient and perhaps treating the incorrect disease;
- Operating on the patient’s incorrect part of his or her body;
- Administering the patient the incorrect dosage of his or her medication; and/or
- Prescribing the patient the incorrect medication.
While this list is limited, active actions demonstrate what a medical team has actively done which resulted in the victim’s injury and/or grievance.
In opposition, a medical team can also hurt a patient by failing to take action in a careless manner. Legally, this is generally referred to as a negligence, where the medical practitioner fell below the normal standard in providing the patient with the appropriate medical care. Examples of negligence may include, but are not limited to:
- Failing to follow up with the patient;
- Failing to diagnose the patient with the correct illness;
- The failure to recognize the symptoms the patient was experiencing; and/or
- The failure to order any necessary lab work the patient may have needed.
While the action or inaction of a medical procedure can indicate medical negligence, in order to have a valid medical malpractice claim, the following elements should be recognized.
- The medical practitioner owed a duty of care to the patient.
The primary factor required indicates that the medical practitioner owed the patient a professional duty of care.
- A breach of duty transpired.
In order for a medical malpractice claim to be successful, there needs to be a breach of duty which was owed to the patient. It is worth noting that this breach can happen through either an action or failure to act.
- The patient suffered an injury as a result of the breach.
The third essential factor in a medical malpractice claim involves the resulting injury of the patient, which transpired after the breach of duty of care occurred. It is important to acknowledge that the patient’s injury or injuries does not need to be solely or entirely physical. The patient can also suffer emotional pain resulting from the medical negligence. For instance, this could be the patient’s psychological trauma in the aftermath of the incident.
- There was a deviation from the accepted standard of care.
While medical practitioners have a standard of care, they will often deviate slightly from what is considered the norm in their respective field. In order to have a successful medical malpractice claim, the victim needs to demonstrate that there was a deviation from the normal standard of care and that this deviation played a role in the resulting injury.
- Damage was done to the patient.
Finally, in order to have a successful medical malpractice claim, the patient would have undergone an economical or even an emotional damage. If neither was present, the medical malpractice claim would not be valid. This is true even if it was evident that the medical practitioner acted in a negligent manner.
The attorneys at Sanford A. Kassel, APLC are highly experienced in medical malpractice cases. They work diligently to ensure that each of their cases have the best opportunity at being successful. Medical malpractice can quickly result in financial distress; seek the help and support of a qualified team of attorneys who can champion for your rights.
