According to the Center for Justice and Democracy, between 25,000 and 120,000 people die annually due to medical negligence or malpractice.
Not being safe under a doctor’s care is terrible to think about. The statistics are shocking.
Malpractice doesn’t always end in death. Thousands of people suffer from negligence each year. You deserve proper and safe medical care, and you should know what constitutes medical malpractice.
We’ve got the knowledge you need to know: The definition of medical malpractice and what it includes, as well as what it doesn’t. Read on to learn more about common clinical mistakes, and who determines malpractice laws around the country.
What Constitutes Medical Malpractice?
Before you accuse a doctor or hospital of medical malpractice, make sure you speak to a lawyer. They are educated about what medical malpractice is in your state, and they know what it isn’t.
These are serious claims that require a professional. But let this article guide you through the basics.
What Does Malpractice Mean?
Malpractice means that a doctor or group of doctors has failed at their duties in a preventable way. In the medical world, this usually refers to recklessness or medical negligence. If your doctor provides you with below standard or poor quality care, it may be malpractice.
Recklessness is considered medical malpractice. It doesn’t happen often, but there have been cases of surgical error where instruments were left in the body during a procedure.
Medical recklessness can also be extreme negligence. Surgeons have operated on patients under the influence of drugs and alcohol. And some doctors prescribe drugs known to be lethal in combination and scope.
Michael Jackson’s doctor Conrad Murray was prosecuted in 2011 for medical malpractice due to reckless negligence.
Determining Medical Malpractice
What does malpractice mean? The legal standard for most medical malpractice suits is reasonability. That is, there is a reasonable expectation of proper care.
Standards are different throughout the country. Urban populations in New York may are subject to different medical malpractice standards than Hope, Arkansas. Unfortunately, class distinctions may also play a part in determining what is reasonable medical care.
States create their own malpractice laws, and there are various regulations on a state by state basis. If you think you have been the victim of medical malpractice, contact a reputable lawyer right away.
What Is Not Medical Malpractice?
Many times, medical tragedies can happen that don’t constitute malpractice. Patients may die on the operating table, or women can die in childbirth.
Doctors cannot always cure a patient, such as those with terminal illnesses. Dying under a doctor’s care is sad, but is not always a sign of medical malpractice.
Some patients have advanced illnesses that have become untreatable. Some have incurable diseases. Situations do arise where a patient’s condition worsens under their physician’s care, and it doesn’t necessitate malpractice.
Doctors can misdiagnose a patient without implying medical negligence. Symptoms can be tricky, masked, or indicative of more than one illness. With Lyme disease, for example, many people think they have the flu or common migraines.
If you think you are not receiving proper care, get a second opinion.
Toward a Healthier You
We hope this helped you learn what constitutes medical malpractice. But remember, the best type of care is preventative care. Living well will keep you young and vibrant!
Don’t forget to have yearly checkups, take your vitamins, and get proper sleep and exercise. Check out these foods you can eat to keep your digestive tract happy!