When your loved one has to visit many different doctors, or when they need treatment for an illness, the chance for medical malpractice increases. This is not necessarily neglect or abuse by the nursing home. But, it is still an issue that your loved one should not have to face. Sometimes, you might disagree with a doctor’s diagnosis or treatment. Or, you might not like how they treat your loved one. But is this medical malpractice? Find out on this page.
What is Medical Malpractice?
Medical malpractice happens when a medical professional displays negligence when working with a patient. This negligence can occur when:
- Diagnosing a patient.
- Determining treatment options.
- Performing surgery.
- Not giving a patient all of their treatment options.
Medical malpractice can happen in other situations as well. Negligence happens when a medical professional does not follow their duty of care and acts carelessly. If this negligence results in injury or death, it is considered medical malpractice.
Malpractice Elements
In order for an action to be considered medical malpractice, two elements must be proven. First, the plaintiff in the case has to prove that the defendant acted with negligence. An injury to your loved one does not necessarily mean that their doctor acted negligently. Sometimes, there is nothing that a doctor can do to help your loved one. Or, they act in ways that they should, but your loved one’s condition does not improve. If this is the case, the doctor or medical professional is not guilty of negligence.
The second element that your loved one has to prove in order to find a person guilty of medical malpractice is injury to your loved one. If negligence occurs but it does not cause injury or death, there is no malpractice case. Your loved one’s injury or death must be a direct result of the doctor’s negligence in order to prove a malpractice case.
Compensation
If a medical malpractice case is proven, your loved one is entitled to compensation. This compensation will help to make up for any financial or emotional issues that your loved one has undergone due to the medical malpractice. The court will determine an appropriate amount of monetary compensation for your loved one given the circumstances.
If you think that your loved one is the victim of medical malpractice, you should contact a lawyer as soon as possible. A lawyer will be able to help you navigate the legal system. They can help you determine if your loved one has a strong case or not. A lawyer can also help with the process of filing a lawsuit and making sure that your loved one’s rights are protected. Consider contacting a lawyer today for more information.
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