What Constitutes Medical Malpractice? Article

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What Constitutes Medical Malpractice?

Every year in the U.S., anywhere between 45,000 and 98,000 people die from preventable medical mistakes, according to industry surveys of the American healthcare industry and the U.S. Centers for Medicare and Medicaid Services.

Author: Sara Goldstein

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The presence of medical malpractice is an unfortunate reality in today’s healthcare environment.

Medical Malpractice, Defined
Medical malpractice, also known as medical negligence, is an action or an omission of action by a healthcare provider that results in injury to a patient.

The healthcare provider can be anyone who is charged with provided some level of care, from an emergency medical technician (EMT) or registered nurse (RN) to a surgeon, family doctor, dentist or other specialist.

The test for proving medical malpractice or negligence includes establishing that the healthcare provider deviated from accepted standards of care, failing to administer the degree of medical skill and care that another healthcare provider in the same specialty area would give under the same circumstances.

The patient’s injury typically must be beyond minor, with long-term implications for the patient. Medical malpractice can also end in wrongful death.

Types of Medical Malpractice
The types of medical malpractice range from poor illness management to a operating on the wrong body part. Here are just a few of the other most common types of medical malpractice situations:

• Unnecessary and damaging delay of treatment
• Errors made before, during and after a surgery
• Anesthesia mistakes, including not asking for a complete patient history that would reveal possible complications
• Medication/pharmacy errors
• Making the wrong diagnosis or failure to diagnose a serious condition
• Causation of birth injuries, including cerebral palsy and Erb’s palsy
• Using experimental medication, techniques or equipment without a patient’s consent
• Failure to recognize complications during pregnancy and delivery of a baby.
• Nursing home patient abuse or neglect
• Failure to make a patient aware of risks associated with procedures or medications

Compensation for Medical Malpractice Cases
Medical malpractice laws exist to protect your rights as a patient should you be injured by a medical error. The laws are designed to help patients seek financial compensation for their injuries, including collecting damages for past and future medical costs; long-term speech, occupational, physical, cognitive or behavioral therapy; loss of income; loss of quality of life and/or companionship; and emotional pain and suffering.

Medical malpractice suits are notoriously complex. The most successful cases take advantage of experienced medical malpractice attorneys, skilled research and discovery teams and reliable, well-respected medical experts.

About Author

If you believe you or someone you love has been injured due to a healthcare provider’s negligence, and you live in the Salt Lake City area, please visit the website of the Utah medical malpractice attorneys at G. Eric Nielson & Associates, LLC.

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