Medical malpractice can be one of the most dangerous and traumatic types of negligence. When the professionals trusted with the health and well-being of their patients fail to provide service that meets the standard of care required by their field, the patient can experience unavoidable and unnecessary harm.
Such negligence should not be tolerated by either the medical community or the patient community. This is why there is the option of filing a malpractice claim against the medical expert responsible for your injury. If you suffered unnecessary pain because of medical negligence, not only are you entitled to compensation but the medical professional responsible should be penalized for their actions.
In the medical community, medical professionals are held to an even higher standard of care than the public community simply because of the direct influence they have over the health and well-being of those they treat. Malpractice occurs when one of these health care providers falls short of that standard and does harm to their patient rather than good. Such negligence can occur at any location where health care is provided such as a hospital, private practice or surgery center. Medical malpractice claims most commonly arise from medical errors such as:
Malpractice can result from any medical procedure where the doctors or nurses involved were not fulfilling their duty such as the emergency room, the operation room or the maternity ward. Such negligence is usually due to distracted behavior, inadequate training and preparation, shoddy administrative work and over work. These factors can lead to serious injury to the patient through surgical errors, misdiagnosis, improperly prescribed medication and incorrect administration of medical treatment. The expectations are high for health care providers but that is no excuse to lose focus when treating another human being.
Simply suffering from medical mistake does not necessarily qualify it as medical malpractice. There are several elements that must be proven in a successful malpractice claim. The injured patient must be able to show that the defendant doctor had an established duty of care prior to the injury. This can be demonstrated through showing an established doctor-patient relationship where the doctor had a direct influence on the medical treatment received by their patient. Not only this, but the patient must then prove that their injury was the direct result of the action, or lack of action, on the part of that doctor.
Patients fail to realize that mistaken treatment can be caused by more than just their doctor but can also result from bad test results or equipment malfunction. In such instances, someone is still at fault for injury, but it is not the doctor or nurse who acted upon what they understood to be accurate information. However, if the doctor or nurse did have a direct role in inflicting unnecessary harm on the patient through negligence care, then he or she is responsible and can be held liable through a malpractice claim.
Cases of medical malpractice are especially sensitive given their unique nature. Not only does the victim suffer harm but their trust in the health care system is tainted by one bad experience. At The Law Offices of Gerald L. Marcus, our personal injury attorneys approach such cases with a special kind of care for our clients and their situation. While maintaining the utmost compassion for our clients, we then apply an aggressive work ethic towards proving that the injuries our clients suffered resulted from a wrongdoing by a health care provider. If you or someone you know is wondering if they have grounds to claim medical malpractice and gain compensation for your injuries, contact a San Fernando Valley personal injury attorney at The Law Offices of Gerald L. Marcus to receive an evaluation on your case totally free of charge.