Medical malpractice laws allow a patient to make a claim if their clinic or physician negligently provided treatment that caused injury or death. In many malpractice cases, a medical expert witness is called upon to ascertain that the accused practitioner did not exercise reasonable care. Apart from faulty medical devices, malpractice lawsuits against facilities or doctors should be based on the following five reasons:
1. Abnormal Injuries
Since some injuries are not expected to occur during medical treatments, they are classified as acts of negligence. These lawsuits involve absurd injuries like botched surgeries or items being left inside a patient. This is the reason the law permits medical malpractice cases to be premised on the concept of res ipsa loquitor, Latin for “the thing speaks for itself”. According to this principle, you need to only show that you suffered a particular injury that you would not have sustained were it not for your doctor’s negligence.
2. Lack of Informed Consent
Before a doctor performs a medical treatment, you must offer your consent after understanding all the particulars of the procedure. You should be of age, mentally fit, and maintain a proper understanding of the risks of the procedure. If any of these conditions of informed consent are not satisfied, you can file a medical malpractice claim for injuries arising after a medical procedure.
3. An Improperly Maintained Facility
A medical malpractice claim is valid if the facility in question failed to properly maintain the premises or equipment. This includes the lack of properly certified employees, sterility, and appropriate equipment. For example, if your physician performs a procedure with unsterile equipment, they may be found liable for medical malpractice.
4. Failure to Follow Safety Procedures
If a medical practitioner fails to double check a patient’s identity and numbers, or to perform other safety procedures that result in a patient’s injuries, they may be sued for medical malpractice. This also applies when a safety procedure is in place or should have been in place but it was ignored.
5. Failure to Provide Accepted Treatment
Physicians need to give treatment that abides by the accepted standards of care in the medical profession. Whenever a doctor strays from these standards by recommending improper medication or using untested treatment, they can be held liable for medical malpractice.
If you have suffered injuries due to the negligence of your doctor, you can pursue a medical malpractice action against them. The five basic reasons for filing a medical malpractice claim are; abnormal injuries, informed consent, an improperly maintained facility, failure to follow safety procedures, and failure to provide accepted treatment.