What is a medical malpractice claim?
A medical malpractice claim is a complaint filed against a medical professional when you believe they acted in a neglectful manner that caused you or your family harm. This can be the case with a patient who goes to a doctor with symptoms of a heart attack and is not properly diagnosed and released, only to be rushed to the hospital later in full cardiac arrest. The further surgeries and life-changing complications they suffer as a result the failure to diagnose can be considered medical malpractice.
Medical malpractice can also result from errors in your care, such as when a nurse administers the wrong medication or a surgeon operates on the wrong patient or body part. Oversights such as neglecting to account for medication allergies in a patient or failure to respond to equipment alarms may also constitute medical negligence.
Any time a doctor or medical professional fails to administer the proper care to a patient, there may be grounds for a medical malpractice claim. If you feel you have suffered undue injury from the negligence of a medical professional, you should consult with a medical malpractice attorney as soon as possible.
Unfortunate Results Are Not Grounds for a Medical Malpractice Claim
Your medical malpractice claim will rely on proving that you suffered additional damages from your original complaint because of the negligent actions of the medical staff. Just because a doctor could not resolve your condition does not mean they were negligent in your care. On the other hand, if the doctor could not diagnose your condition and it is properly diagnosed at a later stage, it may be found that your first complaint should have been properly diagnosed.
If you are not happy with the results of your medical procedure, it is not always a sign that you need to file a medical malpractice claim. Doctors are only able to work within their own limits and the resources they have available to them. Therefore, there are many cases in which the patient is not happy with the end result, but it is not considered malpractice on the part of the physician.
For example, if a patient goes in for a nose reconstruction and does not like the final results, they cannot file a medical malpractice claim unless they can show the doctor knowingly made an error during the surgery. Before you waste time and effort filing a medical malpractice claim that will ultimately be denied, speak with a medical malpractice attorney.
Copyright (c) 2011 Benjamin Glass
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