Malpractice in the medical field actually occurs when a healthcare professional such as a nurse or physician makes a mistake or is negligent in their job performance that results in a patient being injured while in their care. Their negligence may not show up right away but can resurface in their aftercare, health management or diagnosis errors while assisting the patient.
Some common medical malpractice examples that may result in the filing of a medical malpractice lawsuit in a court of law may include the following:
- Misdiagnose or actual failure to diagnose properly;
- Ignoring or misreading lab results for their patients;
- Surgery that was unnecessary;
- Wrong site or side surgeries or errors during the surgical procedures;
- Incorrect dosages of medication or mediating improperly;
- Poor aftercare or follow-ups after any procedure that may have been ordered by the healthcare professionals;
- Patient that may be discharge prematurely;
- A patient history that was not taken appropriately or disregarding the patient history;
- Symptoms were not recognized right away; and
- Proper testing procedures were not ordered correctly or not at all.
The standard of patient care could also be violated. The law recognizes that perhaps certain medical standards have to be met by the professional. These standards are accepted as proper medical care by prudent healthcare individuals that may be under similar circumstances. For a malpractice claim to be legally valid in the court system for a medical professional, the patient and their legal counsel must prove that an injury was obtained due to the medical professionals’ negligence. If the outcome of the case by itself is unfavorable, this alone would not show negligence. The patient must prove beyond a reasonable doubt that the medical professional’s negligence actually caused the injuries that they sustained while in their care. The patient would not have a legal case if negligence cannot be proven. An experienced medical malpractice attorney Harrisburg PA may be able to clarify if a patient may have a potential lawsuit.
If a medical malpractice lawyer thinks that an individual may have a case, then the injury must have caused significant injury. Lawsuits that are filed based upon medical malpractice are very expensive to litigate. The lawsuits frequently require medical professionals to testify for a patient and then the attorney may have to perform several depositions. The testimony of all of the experts may take several hours. The patient needs to show that the damages sustained were significant for the case to become viable and worth pursuing in court. The patient needs to show that the medical professional’s negligence resulted in a disability of some kind, monetary loss, hardship, pain and suffering, and astounding past and future medical bills.
In the United States, the law limits the time a patient has to file a lawsuit based upon the medical malpractice. Similar legal provisions in the civil law legal systems are usually part of a civil code that can be referred to as “periods of prescription.”