Patient’s rights and medical negligence. Things to know about medical malpractice

Posted on Jun 14, 2017 in Health

 

Patients across the world are a subject to medical malpractice and besides being a traumatising experience, it leads to complications that might prevent the patient in cause to live a normal life. Furthermore, medical negligence is unfortunately one of the leading causes of death across the world. Regardless of how evolved the medical system in a country might be, when human errors occur, the situation is never a happy one. In such cases, the patient or their families must make a medical negligence claim and let a team of lawyers to work in their advantage and come to a favourable result in court. However, there are some aspects someone in a similar situation must know about medical malpractice.

Medical malpractice – What is its legal definition?

When a health care provider deviates from a pre-established standard of care, we are speaking about medical malpractice. If a medical care provider fails to offer the necessary treatment and puts the patient’s life in danger, we are oftentimes, but not exclusively talking about medical negligence. Not always a bad outcome of the medical act can be categorised as it. Moreover, in some cases, the patient is asked to sign a set of papers that certificate that they were informed regarding the risks involved by the medical interventions they will be a subject of.

How to determine if you or a family member were a subject of malpractice?

If you or someone you know has suffered as a result of a medical intervention, in many cases you might be facing a human error that occurred in the medical act. But as we previously mentioned, a bad outcome might not always be a sign of medical error. However, there are some indicators that you might face such issues with high legal implications. In many cases, the medical care provider will rush to inform the patient or their family that the bad outcome occurred because of a mistake made by the patient themselves. If this is your case, you can click here and get in touch with a specialised solicitor. Another sign of medical failure is a representative of the medical facility in discussion to make a quick apology and offer immediately a settlement, which in many cases is considerably lower than what a specialised lawyer could get in court for their clients. If this is the case, you might be facing medical failure in the act of providing appropriate care for a patient.

When should I sue the medical staff?

In some cases, human error in the medical act is something very clear. However, in other cases, it is difficult to tell whether the state of the patient prevented the medical staff to offer appropriate care or we are speaking about medical malpractice. In the cases in which the situation is not clear, it would be ideal to make a formal complaint, and then proceed with a lawsuit conducted by a specialised lawyer.