Being hurt or becoming sick as the result of
the actions or inactions of a medical professional can be a life-changing
experience and one which, thankfully, many of us will never go through. If you
are unfortunate enough to experience this, however, it can be hard to know
whether you are eligible for some kind of justice or compensation. Many people
incorrectly think that any and all mistakes caused by a doctor or hospital are
grounds for a lawsuit, but this is not actually true. There are various factors
that decide whether a mistake is considered serious enough to be labeled as
medical malpractice, and it is important to understand what these factors are
and what you can do if you feel like you have been a victim.
1. Consult with an Experienced Medical Malpractice Attorney
Medical malpractice cases are far from
straightforward, so it is very important that you consult with an experienced
attorney. This is true for both civilians and military personnel and their
families. In recent years, the number of veterans and military dependents who
have been making malpractice claims has risen, and by explaining the
circumstances of how you believe you were injured as a result of military medical malpractice,
the attorney will be able to tell you if you have a case. Your attorney will be
realistic about your chances and help you to prepare your case if they believe
you have one.
2. Prove the Two Deciding Factors
If you are hurt or fall ill as a result of
medical treatment, there are essentially two ways in which this can be
understood according to the law: medical error, for which you can not sue
anybody, or medical malpractice, for which you can. What sets medical
malpractice apart from medical error is the fulfillment of two deciding
factors:
1. The
medical professional treated the patient in a way that was different or
inferior to the industry-accepted level or standard of care.
2. The
treatment which the patient received resulted in injury, illness, or some other
harm that was both avoidable and severe.
In order to have a valid case of medical
malpractice, you must be able to prove both
of these two things.
3. A Typical Case of Medical
Malpractice VS Medical Error
To show the defining differences between medical
malpractice and medical error, it is possible to look at a typical mistake that
may be made by a medical practitioner:
Tom develops a cough and sore throat, which
doesn't go away for a few days. He visits his local family doctor to check that
it is nothing serious. In the waiting room, Tom is asked to fill out a form
with his personal and medical information. In the box which requests his allergies, Tom writes
"codeine". After checking Tom, his doctor decides that it is just a bad cold
and prescribes Tom lots of rest as well as Tylenol 3 to take care of the
symptoms. Tom, never having taken Tylenol 3 before, has no reason to object and
so follows the doctor's instructions.
That night, however, Tom develops a fever and
starts vomiting all night. What Tom didn't know, and what the doctor
overlooked, is that Tylenol 3 contains codeine, which therefore led to Tom
having an allergic reaction.
4. Is This Medical Malpractice?
To understand if this case rises to the level of medical malpractice, we must look at
each of the deciding factors one at a time, just as you will have to for your
case.
1. The
medical professional treated the patient in a way that was different or
inferior to the industry-accepted level or standard of care.
Clearly, in Tom's case, he was treated in a
different or inferior way to how he should have been as no doctor should give
codeine to a patient who is allergic to codeine.
2. The
treatment which the patient received resulted in injury, illness, or some other
harm that was both avoidable and severe.
In Tom's case, this is where his medical malpractice lawsuit would fall apart. While certainly his experience was avoidable, it was not severe. Tom spent one-night vomiting and feeling feverish, but by the next day, he was okay again. The doctor was careless, and perhaps a report can be made to their superior, but the law allows for small mistakes, and so Tom would not be able to sue for medical malpractice.
Becoming ill or sustaining an injury as a
result of a medical practitioner's fault can be a horrible situation, but it
doesn't always rise to medical malpractice. Speak to an experienced lawyer and
look at whether your case fulfills the two determining factors explained in
this article in order to prove medical malpractice occurred.
