Medical malpractice can occur when a physician or other healthcare professional provides care in a manner that is inconsistent with industry standards. Medical malpractice can cause significant harm to patients, in addition to the issues for which they already receive treatment. Common examples of medical negligence include:
• Doing the wrong procedure on a patient
• Prescribing the wrong medicine or an incorrect dosage
• Not treating wounds
• Failing to remove bandages or equipment from an incision or from inside the body
• Giving poor advice, especially in medicine dosage instructions
Medical malpractice can be based on multiple types of injuries, but the primary aspect of such claims involves a physician’s duties to the patient.
Proving Medical Malpractice
Negligence is a legal theory by which most malpractice cases are proven. If a patient can recover for economic losses and injuries by proving that a care provider was negligent, they have a valid malpractice claim. Proving a doctor’s negligence requires the satisfaction of the following elements:
• The existence of a duty of care. All doctors and healthcare professionals have a duty of care to their patients, but the standard can depend on the provider’s field. For instance, a pediatrician’s duty may be different than a surgeon’s.
• Failure to uphold the duty: A medical professional’s actions must have breached the duty. For instance, a doctor can write a bad prescription or fail to follow the guidelines of surgical care.
• Causation: A physician’s breach must have caused the plaintiff’s losses. It can be difficult for a medical malpractice lawyer in Mobile, AL to prove causation if there’s shared a responsibility, or if a patient had a pre-existing condition.
• Damages: The doctor’s actions must have caused measurable harm to the patient. An intangible or perceived loss generally cannot be proven.
Legal Remedies for Malpractice
The legal remedies available in a medical malpractice case depend on the nature of the patient’s losses. However, most patients will be given economic damages as reimbursement for their losses; these damages can include payment of hospital bills, and other expenses such as lost income.
Does a Patient Need Legal Help When Filing a Malpractice Claim?
If a person has been injured because of a doctor’s negligent acts, they may be able to file a medical malpractice claim and they should Contact Gene T. Moore. A medical malpractice lawyer in Mobile, AL can give clients legal advice and they can provide representation if the case has to go to court.
