In essence, medical malpractice happens when a professional or provider disregards a patient or refuses to provide appropriate health care treatment. It also involves giving substandard medical attention that may inflict pain, injury, harm, or even death to the patient. In these cases, the affected party normally consults a malpractice lawyer. When can a case be considered medical malpractice? What does it involve? Are there different kinds of medical malpractice? These are some of the questions we’ll answer in this article.
The medical professionals are not always liable for all the harm that a patient experiences. However, they have a legal responsibility to the patient, once they depart from the quality and standard of care they have sworn to provide. Medical malpractice is caused by a medical error. An error which ranges from incorrect diagnosis, medication dosage, treatment, management, to after care. The medical practitioners are expected to meet specific standards of care. For this reason, if the health care provider falls short of what’s expected of them, the patient or affected party can file compensation claims.
Kinds of Malpractice
There are different types of medical malpractice. Those that can result in lawsuit include premature discharge, failure to give proper diagnosis, neglect to conduct proper tests as well as act on medical results, incorrect surgery, inaccurate prescriptions, persistent pain after procedure, and other serious incidents. Negligence claims can be made with the help of a lawyer, such as PK Simpson. We have helped thousands of people with over 25,000 claims. Our 38 years of experience has made us one of the go-to lawyers in NSW and surrounding areas.
Elements for a Case
For medical malpractice to be considered a case, several factors have to considered. One is the failure to give a proper standard of care. A previously mentioned, medical practitioners are expected to meet a certain standard. Failure to do so results in malpractice. Another factor to be considered is whether an injury has occurred as a result of negligence. If the patient feels that there is neglect in their medical care but no injury can confirm this, then no claim can be made. The patient may file for medical compensation if the obtained injury has damaging consequences, such as disability, suffering, constant pain, loss of income, and others.
The patient needs to understand his or her rights to succeed in making claims. The medical duty must also be owed by the hospital or health care provider. When their duty has failed and has resulted in injuries and considerable damage, including physical, emotional, and financial, then the affected party can resort to claiming compensations.
Let PK Simpson help you win your case. We provide legal assistance for a range of accidents, including motor/vehicle-related, workplace, public, private, whole injury, medical negligence, and more. If you want to learn more about medical malpractice, feel free to check out our blog section. You can also speak with one of our specialists to get more information on compensation claims. Give us a call today on 02 9299 1424 to get started. We’ll be happy to assist you.