Medical malpractice occurs when health care professionals make negligent mistakes. It does not simply mean that there was a poor outcome or not the optimal result the patient was hoping for. It means that the doctor should have provided a higher level of care but made a mistake, such as mixing up patient records, performing the wrong surgery, administering the wrong medication or neglecting to monitor a patient’s vital signs. These are just a few examples.
When this happens, one important step is to define which medical professional actually had a duty of care to that patient. After all, even though the patient may be in a hospital or medical center with thousands of people on staff, that does not mean all of them are liable for these mistakes.
Who could have a duty of care?
There are many potential people who could have responsibility to the injured patient. Examples include:
- A surgeon who is performing a procedure
- Members of the surgical staff who are assisting
- Nurses who are providing aftercare
- Primary care physicians who are carrying out checkups and recommending certain procedures or types of medical care
- Medical professionals who are reading scans and test data
- Laboratory officials who are processing or administering tests
Once you have identified who was supposed to provide a high level of care, you can then determine what negligent mistakes they made, how those mistakes led to significant harm or the worsening of the condition and all of the financial costs that go along with it. These include increased medical bills, lost wages, disability, pain and suffering, or reduced earning capacity.
If you find yourself in this position, be sure you know what legal steps to take to seek the compensation you deserve.
