Four Things You Should Know About Medical Malpractice

Posted on: 30 December 2017

If you believe that you have been a victim of medical malpractice, there are a few things you should be aware of. The following are among the most important.

Not every negative outcome is medical malpractice

Just because a treatment or surgery was not successful does not constitute medical malpractice. Nor is a result that made your condition worse. Treatments, including medications, have side effects that may not have been foreseen, or they were a part of the risk associated with the treatment, procedure or surgery. However, it is important to understand that you shouldn't make this determination. An attorney can apply the law to determine whether you have a case of medical malpractice. However, you should prepare yourself for the possibility that, legally, there was no malpractice.

Medical malpractice is not confined to doctors

There are a wide range of medical personnel that can be guilty of malpractice. Along with doctors, nurses are at the top of the list. Failure to administer medication with the proper dosage to a patient or administering the wrong medication can be malpractice. Sometimes a patient's charts are correct, but the staff neglected to read them. Malpractice can also take the form of patient neglect. This can be from an orderly that is neglecting to do their job, and this creates hygiene issues with a patient such as bed sores or infections.

Medical malpractice doesn't necessarily mean death or serious injury

Although wrongful death can be due to medical malpractice, more common are health issues that are due to negligence on the part of a doctor or other medical staff. This health problem may be permanent, but it can also be something that can be treated with a chance of a full recovery. However, this treatment is not something that you should have had to go through, and because of this, you are likely to be entitled to compensation for loss of work, additional medical expenses, as well as pain and suffering.

Laws regarding malpractice vary by state

This is important to understand because if you reside in a different state than where the suspected malpractice took place, you need to consult an attorney in that state. Examples of variance in laws are different laws on the statuette of limitation for filing a lawsuit as well as different limitations on damages that can be awarded. A personal injury attorney located in the state of the alleged malpractice will have extensive knowledge of all of the laws in the state and the precedents that have been established.

Although you or a loved one may not have been a victim of malpractice, you should you assume that you have no case. If you suspect that you or your loved one as suffered because of negligence on the part of the medical staff at a hospital or an outpatient facility, you should speak to a personal injury lawyer, like R.J. Marzella & Associates, P.C..

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