During some personal injury cases, it is quick to know when someone is negligent. A drunk driver would be breaking the law or a tired truck driver would be going over their hours. However, medical care is more subjective, and negligence may not be learned until later on. Unfortunately, sometimes this means that people with early stages of deadly progressive diseases are not diagnosed until it is too late. When is it too late to report medical malpractice?

Doctors and other medical professionals are supposed to operate under a medical standard of care. Although there is no concrete definition for this standard of care, it is used to compare a doctor’s actions regarding a situation where malpractice is claimed. For example, in a courtroom it is defined by expert testimony, and how the doctor's actions compare to a reasonably competent doctor with the same resources. Best practices and medical standards may develop over time with medical advances and knowledge.

A doctor making a mistake may not necessarily mean they are negligent. Illnesses can have many symptoms that overlap, making it hard to get a concrete diagnosis. The important part is that the doctor’s actions did not cause harm. For example, if a doctor diagnosed a patient and started treatment, but a test came to show it was something else and the doctor switched treatment, they likely would not be found to be negligent. If the doctor purposely ignored the test results, and the patient fell severely ill without the correct treatment, it may be malpractice.

In an ideal world, we could take care of our loved ones as they get older. However, the children of elderly parents often have children of their own, and lives to maintain. Some elderly people require around the clock care, and unless a loved one volunteers to be a caregiver, they are left in the care of others. We trust healthcare providers to care for loved ones as they end their lives, but what happens when nursing home neglect is suspected?

Elders can be vulnerable due to their mental or physical abilities. The World Health Organization estimates 1 in 6 elders face some form of abuse. Even family members can participate in elder abuse, but a shocking 2 out of 3 elder focused healthcare workers admit to having abused a person in their care. Abuse can contribute to a faster deterioration of health, so family members need to recognize the signs of various nursing home neglect.

Physical Abuse: Causing physical harm to a patient comes in many forms. This can be violent harm, such as hitting, or negligent harm like refusing care. A healthcare professional may lash out at a patient out of frustration or rage and cause injuries. Take note of any unexplained cuts, sprains, or bruising. If a loved one breaks a bone, question the staff about how it occurred. It could be as innocent as a fall, or they could be suffering abuse.

A parent must care for and protect their child. However, what happens when a child is injured or dies due to the negligence of a doctor? We trust doctors to know what is in the best interest of our health, so it can be a difficult time when a child is endangered from a trust we put in a practitioner or hospital. When negligence is involved, it is possible to sue a medical professional for malpractice to collect compensation for pain and suffering.

What is Medical Malpractice?

Doctors agree to administer a certain standard of care across the board, but when those standards are not met, it is the patient that suffers. It is understood that doctors may not get a diagnosis or care right the first time, but it is when omission or negligence is involved that a patient may have a case for medical malpractice.

Medical malpractice can affect child can before they are even born. Not performing necessary tests or taking special care for high-risk pregnancies is dangerous for a child and their mother. When being born, a doctor can cause defects due to not acting appropriately to circumstances or using tools incorrectly. If a baby is under stress during natural birth, it is the responsibility of the doctor to know when to perform an emergency C-Section. Being left in the womb may restrict the child’s oxygen which can lead to brain damage. Not treating a birth injury right away is also negligent and can cause life long injuries or defects.

Doctors are an important factor for our well being. When we are ill, they are a resource to turn to for care. In an ideal world, a doctor diagnoses exactly what is wrong in a minimally invasive way and is able to prescribe medicine to resolve the problem quickly. Doctors do not always get it right the first time but as long as the medical care is reasonable, and you start feeling better, there is usually no harm. However, if you have a sinking feeling that your doctor has been negligent with your care, you may have cause for medical malpractice.

What Is Medical Malpractice?

Medical malpractice can apply to anyone in the medical field, such as doctors, surgeons, and nurses, or a location such as a hospital or private practice. When these people and institutions do not live up to medical standards, and a patient gets injured, suffers, or dies because inadequate care, that patient or their surviving family may be eligible for compensation.

In order for a medical malpractice lawsuit to be considered, certain criteria must be met. Health care professionals are required to adhere to standards of care. If those standards are not met, they can be found negligent, which is an important factor to move in a medical malpractice lawsuit. Once negligence is established, suffering because of that negligence must also be proved.

People visit the doctor to feel better but, after heart disease and cancer, medical errors are the third leading cause of death for people living in the United States. It is estimated by John Hopkins University that over 250,000 people die from medical errors a year and that billions of dollars are spent paying out victims or their families. That is approximately 10 deaths a day caused by the negligence of a doctor or hospital.

What Is Medical Malpractice

When a doctor deviates from a standard level or care, it is considered malpractice. It is compared to what a reasonable medical professional would have done in a similar situation, that would have done right by the patient. The key to medical malpractice is proving negligence.

With such a high percentage of deaths due to medical malpractice, it is good to keep an open mind when seeking medical care. When visiting your doctor, keep a lookout for these most common medical malpractices.