Skip to main content

What is Medical Malpractice?



In general, a definition of medical malpractice is, "Improper care or treatment by a physician, hospital, or other provider of health care." It is important to note that there is a difference between complications resulting from a medical procedure, and a legitimate case of medical malpractice.

Possible Problems

Prior to surgery or a medical procedure, a patient is asked to sign at least one, if not several, forms indicating that they understand the risks and complications associated with the procedure. Death is usually one of the least likely problems, but it is common for a doctor or anesthesiologist to specifically mention it before you sign your documents. This is a necessity required to protect the doctor, hospital, or healthcare facility against claims of medical malpractice.

Complications

After the procedure is over, recuperation takes from a few hours to several weeks, and problems or complications that arise during the healing process are generally not medical malpractice issues. TV programs are highlighting difficulties of botched surgeries; people who are living with the results of the surgeries are generally not eligible for medical malpractice compensation. Likewise, there are scores of lawyers soliciting your business by offering to settle (or sue) for medical malpractice, but there is no guarantee that you have a case and, even if you do, there is no assurance that the settlement will amount to anywhere near the amount needed to sustain your for the period of your disability.

What isn't Medical Malpractice?

If a patient develops an infection after treatment, and it is assumed to have happened during the surgery, no matter what complications result, the patient will have a very difficult time proving that any action the doctor or hospital did contributed to their situation. If an incision becomes infected, even if there is a worst-case scenario and the infection causes disfiguration and disability, they probably don't have a medical malpractice case. If a surgical procedure to repair a problem with their neck leaves them with limited movement or use of their hand and arm, they often won't have a medical malpractice situation.

What Constitutes Medical Malpractice?

Medical malpractice occurs when there is documented (or witnessed) evidence that something a healthcare professional did was an unacceptable standard or unacceptable practice in the treatment of a particular case. It is not easy to prove medical malpractice, and the drawn-out situation can be grueling. If the doctor isn't licensed in the state where the procedure was performed, or not licensed at all, it is definitely time see a lawyer about medical malpractice. If the doctor's office is dirty or the instruments aren't sterile, there might be a case, if it can be proved, but there will also be the question of why someone chose to visit a doctor with a dirty office. If there is documentation that a procedure was performed incorrectly or that faulty equipment was used, there may be a case, but it may also be argued that the defective equipment is not adversely affecting the condition.

Popular posts from this blog

There Is Little Chance That You Will Win That Medical Malpractice Law Suit

Out of the every five cases that make it to court, only one medical malpractice law suit comes out ahead. This is pretty bad odds by any standard. This happens because the strength of any medical malpractice law suit depends upon the ability of the medical malpractice attorney to put up the technical and non-technical medical terms in a simple and legible language both for the jury and the judge. It also depends upon the capacity of the medical malpractice attorney to gather the required information to back the case. It takes a lot of effort to prove the merits of a medical malpractice law suit and since it involves a lot of expenses, most of the people prefer to settle for out-of-court offers. It easier for the aggrieved person to accept an apology and a modest sum of compensation money, than spend his/her time and money pursuing justice in the court of law - that may never happen in the end. What It Takes To Improve The Chances To Win Your Medical Malpractice Law Suit The claimant ne...

Facing Confidentiality and Electronic Medical Records Concerns

With more and more hospitals employing the electronic medical record as their standard data collection, storage and retrieval system, there are those who are concerned with the risks in the confidentiality and electronic medical records system. The old way of doing things required a lot of paperwork. This meant more office space was allotted for record keeping. This usually meant a filing cabinet with a key as its main security defense against other people. The talk of confidentiality and electronic medical records keeping true to that sense is only a hype, or fluke. The concerns of confidentiality and electronic medical records falling into the wrong hands are grossly exaggerated. To put these concerns on confidentiality and electronic medical records intrusive capability, the software developers have added several security measures to insure that only those who need to know about your information get it and the information that the doctor is reading is really about you: * ...

Medical Billing Courses

First things are always first. Even though medical billing has been named one of the fastest growing occupations in the medical field industry, this doesn't mean that it's that easy to get into. Before you can call yourself a true professional in medical billing in every sense of the word, first you must learn the ins and the outs of your chosen profession. Fortunately, medical billing courses are not hard to find. Just log into any major search engine and type the words "medical billing courses" and you should be able to find a long list of online programs for medical billing training. The biggest aspect of medical billing courses and training consists of learning medical terminology, numerical codes to ensure proper financial reimbursement, and health care records management skills. Health care records management skills are especially an integral aspect of medical billing courses since a major part of the medical biller's job is to keep paperwork and payments fl...