Medical malpractice is a serious crime in which a healthcare professional causes harm to a patient through some sort of negligent act or omission. This can include failure to disclose a diagnosis, misdiagnosis, improper medication, failure to order proper testing, unnecessary surgery, and more. Errors in health management, diagnosis, treatment, and aftercare can all be the cause of a medical malpractice lawsuit. A claim must meet three requirements.
1. Standard of Care Violation
If the standard of care for a healthcare professional is not met, this may establish negligence. For healthcare professionals, there is a set standard of care that is recognized by law as “acceptable.” Actions in opposition to these laws violate a patient’s right to expect an acceptable standard of care.
2. Caused by Negligence
When the standard of care is violated, a patient must prove that they have sustained an injury as a result of the negligence of the healthcare provider. One without the other (injury without negligence, or negligence without injury) does not make a case for medical malpractice. It must be proven that the injury would have not otherwise occurred.
3. Significant Damages
Medical malpractice is only valid if it has resulted in significant damage. For instance, undue hardship, disability, significant past and future medical bills, or loss of income are all reasons for a valid medical malpractice case. Because of the high price of settlement for these kinds of lawsuits, an injury law firm Jersey City will usually only take a case that has significant damages.
Medical malpractice is a serious accusation. It is also a serious act that healthcare providers should be held responsible for. Approximately 251,000 individuals die per year as a result of medical error. Because these errors can cost a person their health, time, money, or even their life, it is important that they be properly reimbursed for their suffering.