Medical malpractice is a broader topic than many people recognize. When a health care provider doesn’t meet the standard of care required, a patient may be able to take legal action against that provider.
What is “Standard of Care”?
Standard of Care refers to the standard recognized by those within the same field of medicine, with the same skill, knowledge, and care of those performing care under the same or similar circumstances. In medical negligence or malpractice cases, health care providers can include:
What is Medical Malpractice?
When a health care professional neglects to provide treatment, offers substandard care, or doesn’t properly perform the care and it results in injury, harm, or death, it is considered medical malpractice or medical negligence. Medical errors can be made in diagnosing a patient incorrectly, performing the wrong surgery, improperly administering medication, and more.
Overall, if the “standard of care” is not met, a patient, or patient’s family may have a case for medical malpractice. If the health care professional misdiagnosed you, failed to inform you properly about your treatment, or failed to provide the correct treatment, you may sue them.
Examples of Medical Malpractice
If you think a medical provider failed to perform a standard of care, it is important to speak to a lawyer to determine if you have a case, and what you can expect in the process of filing a medical malpractice lawsuit. Some examples from past lawsuits include:
Prior to Treatment Cases
Failure to diagnose in a timely manner
Failure to give the correct diagnosis
Failure to diagnose tumor in the course of reading an x-ray
Failure to refer patient to a specialist when required
Failure to request proper medical tests
Emotional distress (Patient and/or Family) due to suffering from misdiagnosis
Failure to adequately inform you before a medical procedure
Improper care of mother and/or child prior to delivery
During/After Treatment Cases
Poor skill during surgery or procedure
Performing the wrong procedure
Performing a procedure without informed consent
Using the wrong blood in a transfusion
Damages to organs or tissue during surgery outside the scope of work
Prescribing and/or administering the wrong medication, including anesthesia
Failure to remove an object after surgery (such as a sponge)
Performing childbirth inappropriately, resulting in injury to mother and/or child
Negligent care giving
Unnecessary dental work
Negligent chiropractic manipulations causing injury
Do You Have a Medical Malpractice Case?
If you or someone close to you has been injured, speaking to an experienced lawyer can help you receive compensation for the emotional and physical toll the medical negligence has caused. Remember, every case is different and past case outcomes do not determine future results. Simon Law Group offers nearly 30 years of experience and provides a confidential, free consultation to determine whether or not you have a case. Call 480-745-2450 (24 hours) to get scheduled.