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Medical Malpractice and Law

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Medical malpractice is when a medical or health professional deviates from their usual quality or caliber of work or professionalism that result in injury to patients. 

In common law jurisdictions, medical malpractice liability is normally based on laws of negligence. It generally differs among nations. It follows a general liability rule when a health care practitioner does not show an equitable, fair, and competent degree of skill while providing medical care to patients. The specific professionals that may come under malpractices laws include the likes of:

  • Physicians, surgeons, psychiatrists and dentists
  • Midwives, nurses 
  • Allied health professional including physiotherapist, osteopaths, podiatrist, psychologists, social workers and pharmacists

In order to successfully claim a medical malpractice, the patient needs to justify some elements. They are:

  • Causation
  • A duty to then patient
  • Negligence or breach of duty and damages

There are several recurring keynoters in malpractice cases that a medical practitioner should always consider. They are:

  • Patient care and diagnosis that comprises certain factors such as practice good medicine, respond quickly to medical emergencies, know the community standards and always checking vital signs
  • Referrals: involve consultants, midlevel providers 
  • Communication
  • Documentation
  • Physicians skills: Keep up with medical education and skills in the fields through CME or CEU.

Commonly faced malpractices are:

  1. ANESTHESIA ERRORS: This include choosing the wrong drug, administering wrong dosage of drug, failing to monitor vital signs leading to death of patient
  2. EMERGENCY ROOM ERRORS: This includes errors such as misreading Xray, misdiagnosing, medication errors etc.
  3. HOSPITAL MALPRACTICE: Neglecting one patient over another, misusing medical equipment or performing pointless surgery etc.
  4. MEDICAL DEVICE ERROR
  5. MISDIAGNOSIS, FAILING TO EXAMINE HISTORY
  6. POSTOPERATIVE NEGLIGENCE:  This type of negligence leads to serious complications like sepsis, infection, UTIS etc.

It is common to have confusion when it comes to choosing a reliable and a well-qualified lawyer especially when it is about medical malpractice. Medical malpractice lawsuits differ from other  personal injury cases because they involve two areas of expertise; law and medicine. The medical malpractice personal injury lawyer or attorney should consider these points:

  • Have a firm understanding of medicine 
  • Know which experts to consult 
  • Determine the potential of liable parties 
  • Determine value of claim
  • Help in understanding legal claims. 

DR. Michael M. Wilson, M.D,J.D and Associates are serving patients throughout Washington DC. DR Wilson is a physician and a lawyer with exclusive focus on malpractices. He has over thirty years of legal experience. 

Hiring a professional attorney for medical malpractice lawsuits is inevitable because he/she can help in getting evidence, organizing files plus they know how medical professionals counteract. The wrong attorney could lose a winning case. A good attorney prioritizes the time and tries to meet the needs in an assigned time frame. They are not intimidated by the healthcare providers’ legal team. They negotiate to keep their client’s benefit as a top priority. Finding a reliable medical attorney cuts down half the hassle of the long process. 

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