Medical Errors: Mistakes vs. Malpractice
When you go in for a medical procedure, it’s always with the expectation you will be receiving the best care possible. Unfortunately, there is always the possibility something can go wrong. Regardless of the type of medical care you are getting, there is no way to predict the outcome of any procedure with 100 percent accuracy. However, matters become even more complicated when taking into account issues such as potential negligence.
It’s important to realize mistakes do happen, and not all mistakes count as medical malpractice. By definition, medical malpractice refers to situations in which a medical professional can be proven negligent in some way during the course of treating their patient. It refers to situations in which a doctor, nurse, or other medical professional didn’t show enough skill or competence, especially compared to what another professional with similar training would have done in a similar situation. It is important to identify when a situation counts as malpractice and when it may only count as a mistake if you are considering working with a bedsore attorney in NY or surrounding areas so you can determine whether you have a viable case.
Surgical Cases of Medical Mistakes and Malpractice
Many people find themselves in need of surgery, and many more people will have elective surgery at some point. However, complications after surgery are common, and some of these complications can lead to ongoing issues for some individuals. Individuals who end up with postoperative issues may find themselves confused, especially if they are uncertain if their issues result from a simple medical mistake or potential negligence on the part of their medical team.
Infections are among the more common issues to occur after surgery. Some people may even experience more severe complications, such as blood clots and pneumonia. Some people may go through a difficult surgery to find their condition is not entirely cured. However, generally, none of these complications are the result of negligence and do not constitute malpractice.
Among the more common issues to arise in the operating room and to count as malpractice is a surgeon being unprepared and choosing the wrong incision site, medical teams improperly intubating patients, the use of defective equipment, or similar issues. There have even been cases of surgeons working while tired or even while intoxicated, which are more obvious cases of malpractice. Any of these issues are clear situations in which an individual would want to contact a bedsore lawyer in Nassau County or their area for assistance.
Misdiagnosis, Delayed Diagnosis and Cases of Malpractice
Many people may wonder what happens when a doctor misses a diagnosis. Does this count as a simple medical mistake, or is this a case of medical malpractice? While many people may think of a misdiagnosis or the failure to diagnose a medical condition or injury as a mistake, these are commonly the basis for medical malpractice suits. However, it is vital to be able to prove some form of negligence in these cases for a lawsuit to be successful.
As already mentioned, any individual attempting to prove negligence should be able to show a medical professional with similar training or in a similar area of expertise would not have misdiagnosed the issue or missed the diagnosis. For example, an individual would be unlikely to win a lawsuit against a woman’s health doctor for being unable to diagnose them with epilepsy. However, they may be more likely to win the same case against a neurologist. Those who believe their doctor may have missed their diagnosis and that the missed diagnosis caused them injury should speak with a specialist in malpractice suits, such as a bedsore attorney in Suffolk County or surrounding areas, to see if they may have a case.
Factors to Consider in Malpractice Cases
All things considered, it can still be challenging to identify when a situation is the result of a medical mistake or when an issue is a case of medical malpractice. Though some cases are clearly medical malpractice, it is not always obvious in every situation. For a case to be considered medical malpractice, it needs to meet specific criteria. Generally, it is not relevant unless all of these things are true.
For example, a medical professional must have some sort of relationship with an individual if they are then being sued for malpractice. This means they either met them in their office or in another professional setting such as a hospital. A medical professional cannot have simply met someone at a party or in some other setting and given them advice there. The medical professional must be proven negligent, and it must be proven their negligence caused an individual’s injury or worsening condition.
Finally, it must be shown an individual suffered some harm from the negligence of the medical professional. For example, even if a doctor were to miss a diagnosis one day, and the individual received a diagnosis the next day and suffered no harm, they would be unlikely to have a case. However, if a missed diagnosis led them to receive no treatment and caused them to miss work, this would be cause for a lawsuit and a reason they may want to seek help from a bedsore attorney in NY.
The world of medical malpractice lawsuits can be incredibly complex. Identifying whether you truly have a malpractice suit or whether your case would be considered a medical mistake can be genuinely confusing. Fortunately, there are qualified legal experts available who are ready, willing, and able to help you determine whether you have a case so you can pursue justice and get the compensation you deserve if it is available to you. If you are ready to speak to someone about your situation, contact our team today to learn more about how we can help you with your situation.