It will be wrong to say that medical malpractices have become rampant recently. It has been existed since the time people discovered medicine and started practicing it.
Medical malpractice is also termed as medical negligence. Although there should ideally be no scope for mistakes and negligence of any kind in the medical profession, mistakes do happen. But here we are talking of something which will define which is a mistake and which is an uncalled-for negligence.
Definition of Medical Malpractice
The medical malpractice definition can be better explained by giving some points that need to be present to get qualified as malpractice. They are enumerated below in the order of importance. It is checked by medical malpractice attorneys too and the medical professionals as well. Thus it is of utmost importance for the victim and people in general to be aware of these nuances:
Duty bound: The person, doctor, surgeon, nurse, or any medical professional who has treated you should be in charge of the duty, i.e., he or she should be officially responsible for handling your condition. In short, that person should be on duty to be able to prove they have committed malpractice
Being duty bound is of utmost importance because that is when that person is liable for the health of the patient, else it is just a matter of code of ethics. And, sadly, discrepancy in the code of ethics cannot be punished or made answerable.
Deviation: When a professional does something which causes harm to the patient instead of contributing in the healing process, which otherwise should not, becomes a cause to file for medical malpractice. At times it is also something that the medical professional did not do due to which the patient suffered
The above point explains that you cannot escape when you have done something wrong, but at the same time it is also important to do something which is generally expected.
Unexpected result: In case the patient suffers injury of a severe kind in which he or she becomes paralyzed or looses their limb(s), eye sight, etc. the professionals can be sued
You operate on someone or treat someone in order to make them better and in all probabilities it is your duty being in the medical profession to ensure that if you are not capable of helping the patient recover, then you have no rights to cause further harm as well. You should guide the patient properly and in case you think you do not have enough expertise and cannot contribute much then show them the way as to which will lead to recovery. Direct them to good and appropriate doctor for further reference.
Exception: You might wonder that when patients are required to go under the knife they are asked to sign a form which says they will not be held responsible for any unfortunate event that takes place during the surgery. So, let us tell you that, it is just a formality and it does not take away your right to file a case. At the same time it also does not make for a fool proof escape route for them
In short, any kind of negligence is not allowed, be it by any health professional. A catch here is that the burden of proof, i.e., the responsibility to prove that the doer is at fault lies on the plaintiff who is the patient in this case. Thus, all these rules and prerequisites that we mention here are actually difficult to prove in reality.
Nevertheless when one is aware of these things they are in a better position to have their say and find their way out to seek justice. Now we will have a look at the different types of medical malpractices in the following section for a better understanding of the circumstances and situations given above..
Medical Malpractice Types
There are various types of malpractices and the quantum of it depends hugely on any of the following things:
Misdiagnosis: One of the basic goof ups that health care professionals tend to do for earning money, for gaining a good reputation. Yes, you read it right. If a doctor is not turning you away saying he is incapable of detecting the exact problem in you, it gives a knowledgeable and dependable impression
Keeping watch: Taking care of patients is one of the main responsibilities they have, be it post operative, or some accident case, etc. The issue of hygiene is included in this point. All problems like infections, etc., arising from unhygienic conditions are caused of improper monitoring
Administering wrong medicine: Giving the patient extra doses of medicine, wrong dose of medicine, wrong medicines for the problem, trial and error method, etc., are covered under this
There are some other possible medical practices as well like surgical errors, permanent or severe damage, etc. One has to be really careful and meticulous while trying to sue some health organization as they have experienced attorneys to fight their cases. As mentioned earlier, the burden of proof lies on the patient or the victim, so be sure that you have taken note of everything that comes under medical malpractice definition.