Medical Malpractice Happens and This is How

Medical malpractice describes a situation where an individual is harmed or even killed due to the negligence or incompetent behaviors of a healthcare professional. These types of cases tend to be very difficult to prove largely because most victims already have an existing medical condition when the malpractice occurs. The exact laws and guidelines that determine what malpractice is vary between different jurisdictions. Despite these differences, some common elements do define medical malpractice.

Four basic elements legally define medical malpractice. The first is that the victim and the healthcare professional need to have a formal medical or doctor-patient relationship. This means the doctor must be officially treating the individual and not providing offhand advice in another venue.

The second factor is that the doctor needs to have clearly acted in a negligent or incompetent way. The third element is that the negligent or incompetent actions must have caused injury or death. The fourth element is that the victim must have suffered some type of damages. This could be pain, hospital bills, lost wages or a disability.

It is important to understand that not all bad or painful outcomes are medical malpractice. A case might not be considered medical malpractice if a person dies during an operation. The person might have died due to other complications.

Medical malpractice is commonly described as occurring when any other doctor or medical professional would not have made the same mistake or arrived at the same outcome under identical circumstances. If the negative outcome of a procedure or diagnosis was not foreseeable by a competent doctor, then the case is not likely to be considered medical malpractice.

The actual reason medical malpractice occurs can vary. It could be the result of substance abuse, insufficient training or fatigue during a long shift in a hospital. Some types of medical malpractice cases are more common than others are. One example is a wrong or delayed diagnosis that causes a person harm. Another example is incompetent care during childbirth that injures or kills the newborn or the mother. These are both common types of medical malpractice cases that can be difficult to prove in court.

Other medical malpractice cases can be slightly easier to prove by OKC medical malpractice attorneys. These include cases where a doctor leaves an instrument in a person during surgery, prescribes the wrong dosages of medications or improperly uses medical equipment. The reality is that medical malpractice cases can take a very long time to resolve even if the doctor is clearly liable.