Personal Injury Lawyer Blog
A number of factors can lead to medical malpractice. An accident, a simple human error or gross negligence can result in medical malpractice. Following are some common kinds of medical malpractice. This article also spells out what you need to prove in case you have a case. You will also know how likely you will be to receive compensation in different types of malpractice cases.
Human Error
No one is perfect in this world and the same goes for doctors and physicians as well. They can also make mistakes while carry out a medical treatment. However, at times, their mistake is so severe that it causes serious harm to a patient. in such a situation, you can sue the doctor to receive compensation for the pain you suffered from. In order to recover compensation, you need to prove in the court that the doctor did not perform the treatment carefully which caused a harm to you. You or your lawyer will have to prove that the doctor acted unreasonably during the treatment. If you succeed in proving that the doctor’s unreasonable mistake lead to the injury, you will be most likely to be compensated.
Accidents
Accident malpractice takes place when a doctor causes an unacceptable accident while performing a surgery or operation on a patient. For example, if a doctor amputates the wrong leg or prescribes medicines that will interfere with disclosed or known allergies, then it will be considered as accident malpractice.
The standard of proof in case of an accident malpractice is the recklessness of the doctor. This means the accident caused by the doctor will be contrasted with the accidents made by other doctors in similar circumstances. If the accident causes severe damage to the patient, it is most likely that the patient will be compensated.
Gross Negligence
Negligence takes place when a physician acts without care and fails to follow professional standards while treating a patient or carrying out a surgery. For example, if the physician or doctor misdiagnosis an illness or fails to read medical tests results or makes refusals that are unacceptable in the field of medicine, then this will be considered as Negligence.
Negligence itself is the standard of proof for this type of medical malpractice. Negligence takes place where a person acts in a way that no reasonable individual would in similar circumstances. In case of a professional like a physician, then the person is defined as a physician of average intelligence. If it is proved that the physician acted negligently, the injured party will be most likely to recover damages.
Obtaining Legal Assistance
If you have received an injury due to the medical malpractice, you should consider hiring a medical malpractice lawyer to represent you in the court. The lawyer will check on your medical treatment records in order to find out the type of medical malpractice. Then he/she will fight the case against the responsible party to recover damages.