Medical malpractice occurs when a health care professional deviates from the standard of care when treating a patient and the result is harm or injury. According to the law in most states, any medical professional can be held liable for medical malpractice including doctors, nurses, dentists, chiropractors, lab technicians, and the health care facility at large. Medical professionals who fail to follow the established standard of care are held accountable with their actions, or lack thereof, cause harm or injury to the patient.
Establishing Negligence
Proving medical malpractice boils down to establishing that the medical professional did not comply with the standards of care by comparing their action to how someone with similar training, education, medical specialty, etc. may act if involved in a similar situation. If accused medical professional transgressed from the accepted norm, then he or she may be held liable for their medical mistake. This medical negligence can be costly for the medical professional. The intent is to essentially punish the medical professional for acting carelessly so that they, and others following the case, do not repeat their mistakes in the future, raising the bar for patient care.
Burden of Proof
It is often up to the patient and his/her attorneys to prove that the health care professional did not use reasonable care when treating a patient. Failure to prescribe the appropriate medication, prescribing inappropriate medication, and the like are often cause for a medical malpractice case if the error causes the patient harm or their condition to worsen. Though doctors and other medical staff often work long hours on end, it is no excuse for the carelessness that leads to costly medical mistakes.
When to Talk to a Medical Malpractice Attorney
If you or a loved one has been harmed by the failure of a health care professional to practice the standard of care for your treatment, contact an experienced medical malpractice attorney today for a consultation.
