Suing a medical practitioner for medical malpractice is never an option that should be selected lightly. However, there are times when it’s necessary due to a variety of failures on the part of the medical practitioner. Being able to recognize when something went horribly wrong, and that the medical practitioners could have avoided or prevented, is the first step in deciding whether to bring a suit against that practitioner. Medical malpractice falls under the umbrella of personal injury law, where you are hurt due to the fault of another. As you keep reading, our professionals here in Jonesboro will help guide you through the thought process and examples that may come up in conjunction with a medical malpractice suit.
What defines medical malpractice?
Medical malpractice is a tricky area to define because there are so many situations that may show potential signs of being malpractice that aren’t and vice versa. For most purposes, we define medical malpractice as the carelessness or failure of a physician or other healthcare professional to properly treat a medical need or neglect entirely to treat a medical condition. This negligence can result in a new, and sometimes more serious, injury to the patient. Both malpractice and negligence can provide reasons to bring a suit against a medical practitioner, and knowing what to look for to best protect yourself and your loved ones is a critical part of patient advocacy.
Were you caused additional suffering that could have been avoided?
It’s important to understand that a negative outcome from treatment or care is not necessarily a cause for medical malpractice or negligence. A simplified way to think about this type of situation is to ask if your pain and suffering could have been avoided with different medical care. Situations that fall under this is if a doctor provides an incorrect diagnosis, or even if they make a surgical mistake. These are situations where you could be subjected to additional tests, treatments, or even surgeries due to the failings of a medical professional.
Bringing a personal injury suit against a medical practitioner should always be considered carefully and have documentation to back up the claim. Here’s an example that could be a situation that causes additional pain and suffering and falls into the realm of medical malpractice: Consider a child going into surgery for a basic tonsillectomy. This surgery is done routinely all over the United States. In previous appointments and prior to surgery, the parent or guardian notifies the doctor that the child cannot have codeine due to an allergy. The surgeon proceeds to give the child codeine through an IV post-surgery. This not only causes complications at the time, but also leads to the child ending up at the ER later in the day after being discharged due to other side effects. This is a situation where the doctor could be found negligent, or even be sued for malpractice because they caused pain and suffering outside the realm of treatment due to their actions.
If you have found yourself in a situation where you feel you or a loved one is the victim of medical negligence or malpractice, contact the professionals at OMG Law Firm to help you with your case promptly.