Burn injuries can occur in many different ways. Fires, vehicular accidents, kitchen accidents and chemicals can all result in significant burns. When an individual suffers a Burn Injury, there are certain medical treatments which can minimize the damage, pain and overall impact of the injury. These treatments are sometimes referred to as “burn therapy.” Constant cleaning and redressing of the wounds is necessary.
Moreover, in order to minimize and conceal scars and replace skin tissues, dermabrasion and skin grafts can be utilized. Both of these are surgical interventions. Dermabrasion is used to fix disfigurement caused by the burn by smoothing scar tissue and scraping the skin, while skin grafting involves the transplant of healthy skin from the victim’s body to the burn site. If these treatments are done improperly, a cause of action for medical malpractice may arise.
Negligence and Malpractice in Burn Treatment
- Risks Associated with Burn Therapy
- Doctors Liability for Standard of Care
- Filing a Malpractice Suit Against a Doctor or Hospital
Risks Associated With Burn Treatment
When having dermabrasion or skin graft treatments, there are various risks. These risks include:
- Permanent skin color change
- Infection
- Bleeding
- Loss of sensitivity
- Discoloration of skin
- Scarring
- Uneven surface of the skin
Doctor Liability and Medical Standard of Care
When a physician performs dermabrasion or a skin graft on a burn victim, there is a risk of medical malpractice where there is negligent performance of the surgical procedure. In addition, the hospital where the treatment is provided also risks malpractice if there is negligent performance. These cases arise where the physician deviates from the accepted medical standard of practice and harm results to the patient.
For example, when performing a skin graft, a physician could improperly place the transplanted skin to an area of the body where the transplant is not necessary. If negligence is proven in such a case, the physician and the hospital will be liable for significant sums based upon the patient’s injuries. Moreover, physician error or failure to act may also result in medical malpractice.
Filing a Malpractice Lawsuit Against the Doctor or Hospital
In order to commence a law suit based upon medical malpractice arising out of inadequate burn treatment, one should retain the services of an experienced medical malpractice attorney. In addition, one should research the background of the attorney in order to obtain information indicating the attorney’s experience in burn treatment medical malpractice, or related types of medical malpractice cases involving skin grafts and dermabrasion.
The medical malpractice attorney can handle the commencement of the lawsuit on your behalf. While every jurisdiction’s requirements vary, most states require the filing of a summons and complaint against the physician and/or hospital where the treatment was performed in order to commence the medical malpractice action. Furthermore, the medical malpractice attorney’s experience in burns and how it contributes to a patient’s subsequent damages can result in the recovery of substantial amounts for the patient.
