Medical malpractice describes a situation in which a healthcare professional breaches the duty to care for their patients.
What Is Medical Malpractice?
Generally, claims arise when a medical professional fails to provide the expected standard of care and causes harm.
Types of negligent actions:
• Diagnostic errors• Treatment errors• Aftercare errors• Mistakes in health management
Potential harm to patients:
• Exacerbation of existing condition• New health complications• Emotional distress• Death
Types of Medical Malpractice Claims Available to West Chester Patients
Diagnostic Errors
These errors occur when a healthcare provider fails to correctly evaluate a patient's symptoms or misinterprets test results, which can lead to improper treatment.
Medication Errors
These occur when a patient is prescribed the wrong medication the wrong dose, or experiences harmful drug interactions due to a provider's oversight.
Surgical Errors
These errors might involve operating on the wrong body part, leaving surgical instruments inside the patient’s body, or performing an unnecessary surgery.
Birth
Injuries
Birth injuries can occur to the mother or the baby and include failure to detect fetal distress, improper use of delivery tools, or delays in ordering cesarean sections.
Lack of Informed Consent
This occurs when a healthcare provider fails to fully inform a patient about potential risks, benefits, and alternatives associated with a proposed treatment or procedure
How to Prove a Medical Malpractice Claim
To successfully bring a medical malpractice claim, you must establish the following legal elements:
Proving
Your Claim
Duty of Care
Breach of Duty
Causation
Proving
Your Claim
Damages
Duty of
Care
The duty of care is a recognized relationship between the provider and the patient, which is rarely disputed.
Breach of Duty
You must show the provider deviated from the accepted standards of medical care, either through a negligent act or omission.
Causation
Causation is a critical component where the patient must prove that the breach of duty was the direct cause of their injury.
Damages
Damages can include physical harm, emotional distress, additional medical expenses, loss of earnings, or decreased quality of life.
You have two years from the date of the injury to file a claim.