Medical malpractice can happen anywhere – this includes all states and countries in the world. This type of case involves a doctor being negligent or making a mistake, which results in a patient being harmed. The laws surrounding medical malpractice are different everywhere, which is why anyone who wants to sue a doctor or hospital has to know the legal implications.
Oregon has increased the medical malpractice payouts over the last few years. Even back in 2016, about 28.6 medical malpractice lawsuits took place per 100,000 residents. The award amounts increased by 4.95%. More residents filed lawsuits against doctors, and they hired a Portland OR medical malpractice attorney to help them out.
What exactly is medical malpractice, though, and what does it involve? Here is everything you need to know about it.
What Is Medical Malpractice?
When one goes to a doctor or a hospital, they do so for a reason. They are either dealing with certain symptoms associated with specific illnesses, or they may be injured and need urgent care. The healthcare professionals have the responsibility of offering proper care to the patient.
In some cases, though, doctors and other healthcare workers might be negligent or make mistakes. This could result in the patient being injured or harmed in some way. This makes them legally responsible for anything the patient deals with as a result of the surgery or treatment they received.
With medical malpractice laws, patients can obtain compensation for any harm or suffering they’ve experienced due to the treatment, surgery, or any other type of care.
What Factors Are Involved in Medical Malpractice?
Before one sues any doctor or hospital for medical malpractice, they must know one thing: doctors are not liable for the harm the patients had to deal with. They are only liable for any injury or harm they caused themselves through surgery or treatment.
More specifically, there are a few factors that come into play when figuring out whether a case can be considered medical malpractice or not. Here is what such a case must involve:
- Injury Resulting from Negligence
For a case to be considered medical malpractice, it must involve a patient injured as a result of the doctor’s negligence. He or she should be able to prove that the negligence caused harm that couldn’t have happened otherwise. But if the doctor was negligent and there was no injury or harm, the patient can’t make any claim.
- Inability to Provide the Right Standard of Care
All healthcare professionals have to provide a proper standard of care under the law. If they cannot adhere to the standards, they might be sued for medical malpractice due to negligence.
- An Injury with Damaging Outcomes
Injuries must have damaging consequences for the case to be considered medical malpractice. Basically, a patient will have to prove that the doctor’s negligence caused the harm or injury that led to the damage.
Some damaging outcomes as a result of negligence could involve a big income loss, constant physical pain, suffering, and, in some cases, even disability.
Medical Malpractice Types
There are various types of medical malpractice cases. For instance, the doctor could make a mistake during surgery. Another example would be when the healthcare professional does not tell the patient the consequences of a certain medication or drug. Therefore, if you think you have a case, you should know which category it falls under.
- Incomplete Treatment
One has a medical malpractice claim if their doctor gives them the right type of treatment yet does not administer it fully. At the same time, you might have a claim if your healthcare professional treats you in a way that a different doctor would not.
- Wrong Diagnosis
A very common situation that leads to medical malpractice cases is a wrong diagnosis. When a doctor made a wrong diagnosis while another discovered the correct condition you are dealing with, you may have a strong claim of medical malpractice.
- Incorrect Surgery
Another thing that usually leads to medical malpractice is incorrect surgeries or unnecessary ones. Also, you have a claim if the doctor ends up leaving things inside your body after the surgery, such as a sponge.
The Bottom Line
Medical malpractice cases can be very complex. Thus, before filing one, you must know what it involves and whether you have a real claim or not. Consider every aspect of your situation and injury to find out if you have a medical malpractice case.