Bwint 1 Medical Malpractice Amanda Bwint Medical Careers October 25, 2016
Bwint 2 Amanda Bwint Medical Careers Mrs. Sekul 25 October 2016 Medical Malpractice “Medical Malpractice cases arise when a patient is harmed by a doctor or nurse (or other medical professional) who fails to provide proper health care treatment,” (Michon, J.D. by Kathleen). The concept of medical malpractice is not to be confused with simple unhappiness of the patient. These cases require an immense amount of caution, for if a healthcare professional makes a mistake with a treatment or its outcome it does not necessarily mean malpractice has occurred. In order to be classified as medical malpractice, there must have been some kind of negligence or incompetence that harmed the patient. To prove this, the patient and patient’s lawyer must be able to prove it by showing a series of evidence. One of these proofs is that a doctor-patient relationship has existed, meaning the patient formally hired the physician, and the physician agreed to be hired. It also must be proven that the doctor was negligent to the patient’s diagnosis and treatment, and is in violation of the standard of care. Finally, the doctor’s negligence must have caused the injury, and the injury lead to specific damages (Michon, J.D. by Kathleen). Special requirements are to be put into action when dealing with such a tedious subject such as malpractice. For one, cases must be brought to attention very soon after the injury, often between six months and two years. If the patient has failed to file the lawsuit within a certain
Bwint 3 amount of time, the court will dismiss the case regardless of the facts. Special medical malpractice review panels must also be advised when regarding these rare cases. Many states require the patient to submit a claim to the panel where they will then review evidence, hear arguments, and decide whether or not malpractice has actually occurred. The panel is not given the ability to award damages, but it is an obstacle the “victim” must go through before reaching the court in order to prevent false accusations of malpractice. Also, in some states special notice must be given to the doctor of the malpractice claim, as well as expert testimony is required and is a crucial component to the patient’s case in trial, and the special limits or “caps” put on the amount of award on damages. One of the most common types of malpractice is the misdiagnosis. In a legal resources article, it states, “When a doctor misdiagnoses a condition or, alternately, fails to diagnose a condition for some period of time, which means the patient could miss treatment opportunities that might have presented serious harm or death,” (Hg.org). A misdiagnosis could lead to a prescription not appropriate to the patient, which may conceivably result in harm. To be able to prove this medical practitioner as liable for his or her actions, one must show what the treating
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