What is Medical Malpractice?

Ben Glass
Attorney
(866) 735-1102 Ext 320
Posted by Ben GlassJune 01, 2009 11:37 AM
Tags: None

Medical malpractice is the third leading cause of death in the U.S. with only heard disease and cancer ranking higher. An article published in the Journal of the American Medical Association, 250,000 people die each year in the U.S. because of the consequences of medical malpractice.

What is Medical Malpractice?

Medical malpractice is a term that encompasses any errors that occur in a medical setting.

For instance:
• Unnecessary surgery
• Medication errors
• Infections contracted while in hospital
• Errors committed by hospital staff
• Misdiagnoses

Physicians, dentists, nurses, pharmacists, technicians, hospitals, HMOs and PPOs can all be held liable for medical errors and malpractice.

When you are compelled to seek medical care for an illness or injury, you hope the years of training and experience healthcare providers must acquire will lead to you receiving excellent care and treatment. But, errors and mistakes can and do occur. If you are the victim of medical negligence or malpractice, damage or harm can come to you.

Medical malpractice laws are in place for your protection. Hospitals, clinics, or any medical provider-patient relationship can be involved in cases of medical malpractice. However, not all medical errors are medical malpractice due to medical intervention always involving some risk.

The five diseases most associated with medical malpractice are breast cancer, lung cancer, colorectal cancer, heart attack, and appendicitis. The leading allegation in such cases is misdiagnosis, which results in a delay in treatment that ends up in a poor prognosis or even death.

Compensation in cases of medical malpractice can include damages for pain and suffering, medical bills, and quality of life. If the patient dies, his or her family and heirs can also receive compensation.

In order to be compensated the injured party must show that:
• The damages were caused by medical malpractice.
• A value can be assessed to the damages.

Each case of medical malpractice is unique and damages are determined on a case by case basis.

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