Every year, there are numerous cases of medical malpractice committed by healthcare professionals. The legal field views it as a serious issue. Any individual or medical team that is found to be responsible for committing such acts may be held accountable for their actions.
Definition of Medical Malpractice
Medical malpractice is the act of a medical professional treating a patient in a way that is below the standards that they agreed to uphold. This is only considered malpractice from a legal viewpoint if a patient is harmed as a result of the lessened standard of care.
It is difficult to define and prove the perimeters of the medical standard of care in such a case. It is up to the medical malpractice attorney to prove that the defendant did not provide the patient with treatment aligned with this standard.
A common way in which this can be defined is by the following – the level and type of care that a “reasonably competent health care professional” who has similar training and is in the same field would have provided if he or she were in that same situation. Often times, it is the efforts of an expert medical witness who testifies regarding the standard of care and examines the conduct of the defendant in terms of the standard, that makes a big difference in the medical malpractice case.
Different Types of Medical Malpractice
Not every instance of medical malpractice is the same. This can make it complicated at times to prove that there has been some sort of wrong doing.
The following are just some of the types of medical malpractice cases that are handled by the lawyers at Gharibian Law.
It is up to a patient ultimately, to say what treatment he or she would like to receive. An important part of all of this is that doctors give adequate details about the procedures and treatments to make it possible for patients to make informed decisions. In the event that a doctor does not gain informed consent from a patient before the treatment is given, the doctor may be held accountable for committing malpractice.
If a doctor does not agree with a patient on what the best course of action is, the matter still is usually determined by the wishes of the patient. It is the doctor’s right to express his or her educated opinion, along with documentation of any research that has been conducted about the particular treatment. However, it is not acceptable for the doctor to go against the patient’s wishes. The patient can either request a different course of treatment from what the doctor proposes, or refuse treatment outright. Reasons can include the person’s religion and moral beliefs, among various others.
A doctor can get into legal trouble if he or she goes ahead with the treatment that the patient has expressed was unwanted. It does not make any difference if there are favorable changes to the person’s health. The law will view this as an example of medical malpractice.
All of the crucial details of surgeries and other types of treatments must be described in full to patients. This includes the chances of it being successful, if there are any risks and what measures may be put in place for the person’s comfort during the procedure. The key for it to fall under this category is that informed consent was not obtained. The only exception is when there is an emergency and the doctor must take immediate action to save the individual’s life, when the patient is unable to provide informed consent and would do so if they were able.
Mistakes during treatment can be obvious or more subtle. There are clear cases in which the doctor has committed a lapse in judgment, or merely was not paying attention. One of the more extreme instances is when the wrong leg or arm is amputated. An example of something that is less clear-cut is when surgery is conducted on someone’s back and the person still experiences pain several months later. Without having it looked into, he or she does not know definitely if this is a result of a mistake in treatment.
In such a case, expert testimony from another doctor or medical professional (preferably in the specialized field in which the patient had treatment) is valuable. This is typically an early step in the legal process of a medical malpractice case. Doctors work together with medical malpractice attorneys from a reputable firm such as Gharibian Law to review medical records and provide a record of their opinion whether or not there was any malpractice.
It can be as harmful to a patient to have a an improper diagnosis of medical issues, as it is to make a mistake during surgery or otherwise in treatment. If reasonably competent doctors would have made a different diagnosis with the facts as presented, and especially if the patient is harmed by this diagnosis, he or she most likely will be able to charge the doctor with medical malpractice.
In such an instance, the doctor would only be made liable for any harm that is a result of the doctor’s improper diagnosis. If a patient dies after the diagnosis, even without any treatment being administered, there is a good chance that he or she would be liable if the individual would not have died were the proper diagnosis made. However, if there is evidence that the patient would have an equal prognosis of death upon making the correct diagnosis, the doctor most likely would not be held accountable.
What the Law Can Do for Victims of Medical Malpractice
Here at Gharibian Law, we recognize that there is always an inherent risk when it comes to healthcare. It is our job to review the facts of any case that is brought in front of us, with the help of professionals in the field. We work hard to determine if the client has legal standing to seek compensation or charges against the doctors or other medical professionals in question.
The medical malpractice attorneys at the Ghalibrian law firm are highly professional and esteemed members of the legal community. We are all dedicated to making our clients feel confident about the matters at hand. We are here on behalf of protecting the rights of you or your loved ones during this vulnerable time. With the right documentation and evidence in place, we stand a great chance at having a successful resolution and obtaining justice for those who have been harmed or left behind.
We welcome your call to have a legal consultation to see if we can help you with your case. The lawyers at Ghalibrian Law will give your case full attention and handle all of the steps, so that you do not have to worry about tackling it on your own. Contact us to find out how we can assist you today.