When you visit a doctor, you expect a high standard of care. Yet even a simple mistake can have devastating consequences, potentially causing lifelong injuries or even death. To manage these risks, most healthcare providers carry medical malpractice insurance.
Medical malpractice occurs when a doctor or other medical professional fails to meet the standard of care expected of a similarly qualified professional. This failure may result from negligence, recklessness, or intentional misconduct. It is important to note that not all negative outcomes from medical treatment are caused by malpractice. Some conditions are untreatable, and certain procedures or medications carry inherent risks. However, if malpractice directly leads to your injury, you may be entitled to compensation. A Clark medical malpractice lawyer from Fredson Statmore Bitterman, LLC, can help you explore your legal options. Call today to begin detailing your experience with an experienced personal injury attorney.
What Is Medical Malpractice?
Medical malpractice occurs when any treatment—or failure to provide treatment—falls below the accepted standard of care. As with other personal injury claims, it is not enough to simply prove negligence. A victim must also show that the negligence caused harm, leading to damages.
The harm caused by malpractice does not have to be severe or permanent to warrant compensation. In some cases, a correct diagnosis and proper treatment may resolve the harm caused by the initial malpractice. When that happens, damages often focus on the cost of follow-up care, along with associated non-economic losses such as pain and suffering. By contrast, medical negligence sometimes leads to permanent or irreversible harm, which significantly changes the scope of damages involved.
There are several common types of medical malpractice, including:
- Surgical errors
- Failure to diagnose or misdiagnosis
- Failure to obtain informed consent
- Improper treatment
The standard of care varies based on the circumstances of the case. A specialist treating a particular condition is held to a higher standard than a general practitioner who refers the patient to that specialist. Once it is established that a medical professional deviated from the standard of care, the victim must also demonstrate that this deviation directly caused their injury.
Proving medical negligence can be challenging, as healthcare professionals are unlikely to admit fault, and their staff may be reluctant to testify against them. A Clark medical malpractice attorney can work with medical experts to determine what went wrong during treatment and build a strong case.
Who Is Responsible for Malpractice?
Although doctors most commonly face malpractice claims, the law holds any healthcare professional accountable for medical malpractice. Medical facilities may also bear responsibility. For example, a hospital may face liability when patients contract infections from improperly cleaned rooms, especially when poor sanitation policies, rather than an individual provider’s conduct, cause the harm.
In addition to doctors and nurses, other medical professionals who may be liable for malpractice include:
- Dentists
- Orthodontists
- Optometrists
- Paramedics
- Nursing assistants
- Physician assistants
To bring a medical malpractice lawsuit, the defendant must be a healthcare professional or medical service provider. Office staff, janitorial staff, and others who support the function of the medical office but do not provide direct care are not typically targets of malpractice lawsuits. In such cases, the appropriate defendant would be the party responsible for overseeing their actions.
However, if those individuals are responsible for another type of wrongful act, such as assault, they could be liable under a personal injury claim. A Clark attorney can help victims determine if they have additional claims beyond medical malpractice.
Work With a Clark Medical Malpractice Attorney
When you seek care from a medical professional, you expect them to be current with their training and aware of the latest standards of care. You trust them to be vigilant, to conduct the necessary tests and assessments, and to pay attention to the details that could affect your health. If they fail to meet these standards, their negligence can result in serious, long-lasting injuries, potentially leading to significant economic and non-economic damages.
A Clark medical malpractice lawyer from Fredson Statmore Bitterman, LLC, can help you understand your rights and whether pursuing a malpractice claim is the best course of action for you. Contact us today to schedule a free consultation.
