Patients put their lives in the hands of doctors. They rely on a professional to diagnose them and recommend the right treatment. They also rely on a physician’s expertise when administering medication or other treatments. Sadly, not all patients receive the care that they require to heal.
Sometimes, patients simply don’t respond to treatment. Other times, something goes wrong when they receive medical care. People may wonder whether they have grounds for a medical malpractice claim when they suffered a negative outcome to treatment or when a loved one dies while in professional medical care.
How do people determine whether they experienced medical malpractice or a mistake?
Malpractice is preventable
A medical mistake that is not actionable is usually relatively minor. It might involve a doctor slipping while administering an injection or another minor error. The scale of the mistake, how preventable it was and the impact it had on the patient can all factor into whether what occurred was actionable medical malpractice.
Malpractice involves either negligence or an obvious deviation from best practices. Prescribing a medication for an off-label use might not be medical malpractice, but injecting a patient with the wrong drug entirely could be. Causing minor damage during surgery due to a slip of the wrist is a mistake that may not be actionable. Operating on the wrong part of the body or leaving items behind after the procedure are likely cases of malpractice.
Medical opinions help build cases
Obviously, a doctor who committed medical malpractice is unlikely to advertise that fact or admit to wrongdoing when talking about the matter with the patient or their surviving family members. People may need to obtain copies of medical records and then have a different medical professional unconnected to those involved with the care in question review the records.
If another doctor can clearly identify how the physician involved in the care failed to meet current standards or best practices, then there may be reason to pursue a medical malpractice lawsuit. Medical malpractice lawsuits are often the only recourse available to those harmed by substandard medical care.
Getting help early in cases in which there are suspicions of medical malpractice can help patients and their families pursue justice. Successful lawsuits may result in compensation from insurance companies that can help defray additional medical costs and lost wages.