Medical Malpractice FAQs
Who is responsible for medical malpractice?
Those liable for medical malpractice include doctors, nurses, health care facilities and government agencies providing medical services. Specialized doctors such as dentist can also be held responsible for complications or negligence during a procedure.
If my procedure had a bad outcome, does this mean medical malpractice was present?
When an unexpected outcome occurs due to a procedure, this does not automatically mean the doctors were at fault. If a consent form, indicating such common complications as bleeding and infection is signed then they may not be liable.
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Is medical malpractice common?
Sadly, medical malpractice mistakes are a growing epidemic. Surprisingly, a staggering number of patients and families who have been negatively affected by medical mistakes do not seek compensation for their suffering. This is due to the lack of knowledge patients and family members have about medical malpractice.
What do I need in order to have a legitimate medical malpractice case?
There are three areas that must be proven in order for one to have a legitimate medical malpractice claim. First, it must be revealed that the defendant failed to comply with the standard of care necessary during the procedure. Secondly, the cause of the injury must be the result of the wrongdoing or negligence of the defendant. Finally, the damages caused must be due to the medical malpractice mistake.
What is a birth injury?
A birth injury occurs due to complications during the childbirth process. Birth injuries can be caused by oxygen deprivation, positioning of the baby, and/or mistakes made by the hospital staff. Serious complications affecting the infant’s brain can cause long-term damage such as Cerebral Palsy and Erb’s Palsy.
What is a misdiagnosis?
A misdiagnosis consists of an error made by the medical staff. These errors include wrong diagnosis, delay to diagnose, and failure to diagnose a present condition. Unfortunately, a misdiagnosis can cause an individual many complications including long-term damage and even death.
What is wrongful death?
A wrongful death claim is based upon a fatality caused by negligence or misconduct of another person or group. This type of claim is typically filed by a family member for compensation of their loss. Wrongful death can be related to any form of personal injury and medical malpractice.
What is dental malpractice?
Dentist has the same responsibility as any other health care provider that upholds them to a standard of care. Dental malpractice includes the failure to detect, diagnosis or treat oral cancer and oral diseases. Anesthesia based injuries and nerve damage to the mouth and jaw can occur during a dental procedure.
What consist of a surgical error?
Surgical errors can consist of wrong-site surgery, wrong surgical procedure, wrong patient surgery, unneeded surgery, and the possibility of surgical instruments being left in the body. These errors can cause a patient severe complications and suffering along with the possibility of death.
Why do medication errors occur?
Prescription errors can occur in many different situations. Those responsible for an error range from the manufacturer to the prescribing doctor, nurses, and/or pharmacist. Many of these complications occur due to understaffing in pharmacies and in hospitals as well as illegible prescriptions written by the staff. Errors such as these can cause severe life-long damages to a patient, if not death.
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