Medical malpractice is one of the most commonly misunderstood legal issues. You might not like your diagnosis or the results of treatment for an illness or disease, and you might wonder if it’s malpractice. Attorneys are inundated with questions regarding how someone might determine if their personal situation with a doctor a case of malpractice is. The laws are strict, and every malpractice suit must have three specific points of proof.
Examples of Medical Malpractice
The biggest misconception regarding medical malpractice is that it happens anytime someone dies at the hands of a doctor. Whether it’s during surgery or because the doctor failed to diagnose them properly, you might think it’s malpractice simply because it’s not what you wanted or expected. Not every death is caused by a doctor, but these are some of the more common examples of medical malpractice.
- Failure to diagnose
- Misreading lab results
- Improper medication
- Failure to recognize symptoms
- Failure to test properly
- Surgical errors
- Unnecessary Surgery
There Must Be A Violation of Standard of Care
To prove your situation is malpractice, the law requires you prove there is a violation of the standard of care your doctor or medical professional owes. Your doctor is always required by law to follow certain practices and operate in a specific manner while working with or on patients. If your doctor failed to follow that standard of care, it’s malpractice. An example of malpractice is a surgeon who operates on you while drunk. An example of something that’s not malpractice is a doctor who operates on you and finds that you’re allergic to anesthesia even though you didn’t know and had no indication. Medical malpractice law Columbia SC requires you prove a violation.
There Must Be Injury Caused by Negligence
Your doctor can violate all the standards of care in the medical book, but it’s only considered malpractice if you are injured because of their negligence. If your doctor operates on you while drunk and you come out of surgery better than ever, you’re not injured and cannot sue. If your doctor’s drunken state leaves you injured more than you were prior to surgery, there is an injury directly caused by his or her negligence.
The Injury Must Result in Damages
Your case must have significant damages before a court will hear you. Medical malpractice suits are expensive, and minor damages are not worth it to anyone. For example, if your doctor left you injured to the point you are now required to pay medical bills you cannot afford for the rest of your life, you can sue.
Medical malpractice lawsuits are lengthy, and they are costly. If you feel your doctor behaved in a manner that violated his or her standard of care and caused an expensive injury, you should contact an attorney. You have rights, and it’s time to learn what those are.