Medical Malpractice and its Legal Consequence

Medical malpractice is defined as an act of negligence on part of a health care service professional or an organization that leads to the deterioration of the medical condition of a patient or is aggravated further, resulting in his or her death. These acts of negligence are against the norms of the medical community. The laws pertaining to medical malpractice differ in each of the states in the country.

 As per the available statistics 1% of the doctors in the country face state sanctions for medical negligence. It has been estimated by the Institute of Medicine of the National Academy of Sciences that close to 98,000 people may succumb to instances of medical negligence.

 A medical malpractice claim can be filed the patient or an individual who has been authorized by the patient to act on his/her behalf. If the negligence leads to a death, then the person in charge of the deceased’s estate can file a claim with the court of law. The case is filed against the health care professional or organization that is held responsible for the condition of the patient.

 Cases of medical malpractice can be filed in the event of

 

• An incorrect surgical procedure
• Wrong diagnosis
• Delayed administration of treatment
• Neglect of duties by the hospital
• Failure to react properly in case of an infection
• Obstetrical errors
• Emergency mistakes
• Inadequate follow up treatment
• Administration of an incorrect drug
• Failure to diagnose a complication and a resultant delay in its treatment

 A doctor may also be held liable in cases where the patient refuses to give “informed consent” for a surgical procedure that may prove to be harmful for the patient in the end. The applicability of the state sanctions still holds valid even if the procedure is carried out smoothly.

 Instances of medical malpractice have been affected by the implementation of the “tort reform”. Litigation expenses run on the higher side and the claim amount that can be recovered is subject to the state statute. Medical malpractice law is a highly specialized field and requires technical expertise.

 Helpful resource on Medical Malpractice Attorney :

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