It’s a nightmare scenario. You go to a trusted healthcare provider for treatment for a medical condition, but instead of getting better, you are further injured as a result of medical malpractice.
Now you’re dealing with additional medical treatment costs, possible loss of income, pain and suffering, among other adverse consequences. What remedies are available for a patient injured due to medical malpractice? First, the patient must understand what medical malpractice is.
Medical malpractice can occur when a health care professional, through a negligent act or omission, causes an injury to a patient. According to Medical News Today this includes:
- Failure to diagnose or a misdiagnosis;
- Misreading or ignoring laboratory results;
- Unnecessary surgery;
- Surgical errors or wrong site surgery;
- Improper medication or dosage;
- Poor follow-up or aftercare;
- Premature discharge;
- Disregarding or not taking appropriate patient history;
- Failure to order proper testing;
- Failure to recognize symptoms.
In order to succeed in a medical malpractice claim, the patient has the burden of proving the following:
- The existence of a legal duty on the part of the doctor to provide care or treatment to the patient;
- A breach of this duty by a failure of the treating doctor to adhere to the standards of the profession;
- A causal relationship between the breach of duty and injury to the patient; and
- The existence of damages that flow from the injury such that the legal system can provide redress.
If you believe you have been injured as a result of medical malpractice, contact the personal injury attorneys at Hyberg, White, and Mann to schedule your free consultation: 609-407-1000.
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