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How To Consider When It Is A Medical Malpractice Case And When It Is Not?

Medical malpractice can result from negligence or carelessness by the doctor during a surgery or other treatment. The doctors are responsible; sometimes, even the nurses taking care of you at the hospital can be accountable. 

These are several aspects to consider in a medical malpractice claim. For example, a doctor might make a wrong diagnosis or prescribe the wrong medication, a nurse might miss out on a specific treatment, or the pharmacist might give the wrong medicines, etc. 

If you are wondering whether your physical injury is because of medical malpractice or not, contact a personal injury lawyer in Hillsville as soon as possible. A lawyer will inform you in detail of all the laws and criteria related to a medical malpractice claim. 

Nevertheless, here are some points that might help you decide whether it is a medical malpractice case or not.

Mistakes that are medical malpractice 

  • Being negligent 

Medical malpractice is when a doctor fails his duty of offering the patient the appropriate care and treatment. However, when it comes to negligence, several aspects can lead to medical malpractice claims. 

Negligence is different, and healthcare professionals can be blamed for it other than the doctor. For example,e the doctor makes a wrong diagnosis does not consider the history of the patient’s treatment or prescribes unwanted or unsuitable medicine leading to allergic reactions and worsening the patient situation.

Other than that, nurses and pharmaceutical owners can also contribute to the negligent treatment of the patient by providing inappropriate treatment or medications. 

  • Recklessness or carelessness 

While recklessness in the medical field is quite rare, especially among doctors and surgeons, there are some cases where doctors are found responsible for creating misconduct. For instance, if the doctor performs surgery or other medical procedures under the influence of a substance or alcohol, it is considered a violation and optimization of the patient health. 

For this, the doctors can be arrested, and their medical license can get terminated for a long time or forever. 

Mistakes that are not medical malpractice 

  • The patient’s medical condition is deteriorating. 

If a patient is admitted in a severe condition and their condition deteriorates after the treatment or surgery, you cannot claim medical malpractice against a doctor. There are multiple factors to a such situation like the patient might not respond to the treatment or their patient health is collapsing even after the treatment, etc.

  • The patient’s medical condition is beyond help.

Many cases result in a patient landing in a coma, paralysis, or brain dead condition. In such cases, there is nothing much a doctor can do; all you can do is wait for the patient to gain consciousness while providing the necessary treatment. 

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