When a patient endures an undesired result after medical treatment, it can be difficult to discern whether the result is one that is within the possible risks associated with the treatment or whether the administering physician did not meet the required standard of care which would indicate a possible occurrence of medical malpractice.
Just because a patient is not happy with the results of a treatment, procedure or surgery does not mean that medical malpractice has occurred and a monetary award is just around the corner. There are many circumstances that can lead to a patient being injured where the treating physician followed the standard, and expected, procedure. While it is important to ensure the rights of the patient are protected, it is best to contact an experienced litigator to ensure that a specific case has merit.
So, what is the difference between an unfortunate result and medical malpractice? Medical malpractice occurs where, through a negligent act or omission on the part of a health care provider, an injury to a patient occurred. The negligence can originate in a variety of ways like errors in diagnosis, treatment, surgery or health management. In most cases, to prove that a health care provider’s negligence rose to the level that medical malpractice occurred, a patient must show that the requisite standard of care was not met. A patient has the right to expect that health care providers will deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established and the case may have merit.
However, proving that the requisite standard of care was not met is not all that is needed for a successful medical malpractice lawsuit. For a medical malpractice claim to be valid, the patient must also prove that they sustained an injury that would not have occurred in the absence of the aforementioned negligence. If there is an injury without negligence or negligence that did not cause an injury, it is likely that the injury, while unfortunate, was not a result of medical malpractice.
Examples of medical malpractice include, but are not limited to:
- Improper testing
- Premature hospital discharge
- Improper medication prescription or dosage
- Unnecessary surgery
- Leaving a surgical item in the body of a patient
- Misreading of a patient’s chart or symptoms
Medical malpractice can have devastating effects that last a lifetime. If you have been injured by a physician’s neglect, attorneys Charles Gilman and Briggs Bedigian will work to get you the full compensation to which you are entitled. Call 800-529-6162 today or contact them online for a free case evaluation. They handle cases in Maryland, Pennsylvania, and Washington, D.C.
About the Author