How Do I Know if I Have a Medical Malpractice Claim?

Although most physicians and health care providers do their best to protect the health and safety of their patients, medical errors do happen. Understanding what might constitute medical malpractice and the elements that go into a claim can help you decide whether you may need the assistance of a medical malpractice law firm. 

Elements of Medical Malpractice Claims

There are several basic requirements that must be met for a medical mistake to be considered malpractice.

Evidence of a doctor-patient relationship. You must show that you had a patient-doctor relationship with any physician you are suing. In most cases, it is easy to prove that a relationship existed if a doctor is seeing and treating you directly. Things can get murky when someone tries to sue a consulting physician that did not provide direct treatment. 

The health care provider was negligent. To have a valid claim for medical malpractice, you must show that the physician caused you harm in a way that under the same circumstances, a competent doctor would not have. 

The doctor’s negligence caused the injury. In cases involving patients who are already sick or injured, it can be challenging to prove that a physician’s actions (or inaction) caused harm. That’s why it’s critical to seek the counsel of top-rated personal injury lawyers who are well-versed in handling medical malpractice cases if you believe you or a loved one has been the victim of a medical error. 

The injury led to damages. Regardless of whether a doctor was negligent, if a patient did not suffer any harm then there is no medical malpractice case. Some examples of damages that could be compensable include physical pain, additional medical bills, mental anguish, and loss of earning capacity. 

Signs That You May Have a Medical Malpractice Claim

The prescribed treatment is not helping you. In some cases, treatment does not work because a patient has been misdiagnosed. This can leave you at risk of becoming more ill or developing further injuries. It can also lead to unnecessary treatments or a patient taking medications with risky side effects for no reason. 

Lack of follow-up from your doctor. It can be frustrating when you are given a diagnosis and cannot get your medical provider to address your questions or concerns. If your physician does notfollow up, rushes through without answering questions, or does not give you enough information, your condition could get worse. A competent physician should always take a patient’s concerns seriously and discuss treatment in detail.

You sustained injury due to a surgical or medical error. Every surgery carries some kind of risk. However, if you were hurt or lost a loved one due to an error, medical providers may be held accountable. Some common examples include:

• Infection due to improper sterilization of instruments

• Receiving the incorrect surgery

• Medical instruments being left in the body

• Injuries sustained from your body being carelessly handled during surgery or a hospital stay

• Anesthesia errors

• Improper administration of medication

• Errors or injuries due to understaffing

Lack of informed consent. Your physician should always explain the benefits and risks of any treatment or procedure before performing it. That is why most doctors, dentists, and medical facilities require patients to sign informed consent forms before commencing treatment. 

If you believe you have been wrongfully injured by a medical professional, contact a Pennsylvania medical malpractice lawyer.

This blog was originally posted on https://www.pa4law.com/how-do-i-know-if-i-have-a-medical-malpractice-claim/

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Can I Sue a Hospital for Medical Malpractice?

Hospitals and their staff have an obligation to provide proper, safe medical care to patients in their charge. However, sometimes errors occur, which can result in life-changing injury or illness. Suing a hospital or healthcare system can be daunting, and there are certain factors that must be considered before filing a claim or lawsuit. Having a medical malpractice law firm evaluate your case can help you understand the nuances of these types of cases and who may be responsible for any injuries caused by negligence.

When Hospitals are Liable for Employee Actions

Nurses, CNA’s, technicians, and other medical workers are typically employees of hospitals. If their incompetence or negligence causes injury, illness, or death, the hospital that employs them most likely will be liable for any damages caused. For example, if a nurse gives a patient the wrong medication and the patient is harmed as a result, the hospital could be liable for the nurse’s mistake and be sued for medical malpractice.

Physicians and Hospital Employees

Many physicians and surgeons who work in hospitals are not direct employees of the facility. Unless a doctor who makes a medical error is an employee, the hospital usually will not be liable if the doctor’s actions cause injury or harm.

Similarly, if a hospital employee is negligent while under a doctor’s supervision, the hospital may not be liable, and the patient may have to file a claim with the doctor’s medical malpractice insurance company instead. Things can get very complex very quickly in these situations. Top-rated personal injury lawyers know how to sort out the facts to determine which parties may be held accountable for a patient’s injuries.

Determining Whether a Doctor is an Employee of the Hospital

Figuring-out the nature of a physician’s relationship with a hospital is a critical piece of the puzzle if you are considering filing a medical malpractice claim. If a doctor is an employee, the hospital typically will have control over their hours and vacation time, and will take payroll taxes out of any compensation the doctor receives. If a doctor is affiliated with a hospital but classified as an independent contractor, the hospital usually cannot be held liable for the doctor’s medical malpractice, even if the malpractice occurred there.

Other Situations in Which a Hospital May Be Liable

It is important to note that in some cases, if a physician appeared to be an employee of a hospital, the hospital may be liable if the patient was not informed that the doctor was not an employee. In addition, some states may hold a hospital financially liable if it continues to give staff or admitting privileges to a doctor who is incompetent or dangerous, whether the facility’s administration was aware of it or not. 

Medical malpractice law is complex. Before filing a claim, make sure to contact an experienced personal injury lawyer.

This blog was originally posted on https://www.pa4law.com/can-i-sue-a-hospital-for-medical-malpractice/

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COVID-19: Medical Malpractice Risks While Treating Patients

 

The coronavirus pandemic has stressed the health care system in many ways. With long shifts spent caring for extremely ill COVID-19 patients, health care providers also have been presented with untested treatment protocols. The best malpractice attorneys will say that health care providers face the possibility of an increase in the number of medical malpractice cases.

The first steps health care providers can take to protect themselves from malpractice claims is to make sure their malpractice insurance carrier will cover them in the event of a lawsuit:

- Is the physician helping-out at a facility in a state other than where he or she was licensed? If so, find out if that state has waived its licensing requirement.

- Notify the insurance carrier, in case the state where the doctor is helping-out has a different liability limit.

- Is the physician providing care outside their specialty or expertise? The doctor should notify the insurance carrier.

Medical malpractice cases hinge on “standard of care,” according to top-rated personal injury lawyers. Did the health care provider’s actions/decisions meet the standard of care for this particular disease or condition? If the answer is “yes,” then proving medical malpractice becomes very challenging for the plaintiff’s attorney. He or she then must prove outright negligence or intent to harm, which are difficult to prove.

Because so much about COVID-19 was and is still unknown, the medical community does not have a standard of care for this disease. Instead, in an attempt to save acutely ill patients, physicians were compelled to try treatment protocols that were unproven on this previously unknown disease.

What steps might a doctor take to document that an acceptable standard of care was met?

1. Document that all known standards of care on infection prevention and control were met.

2. Document the reasoning behind treatment decisions, once again meeting an acceptable standard of care whenever possible.

3. Document that he or she is staying up to date on treatment recommendations from infectious disease specialists.

If a hospital becomes overwhelmed with COVID-19 patients, the risks within the emergency department (ED) are compounded. ED is where incoming patients are triaged, and it is likely that COVID-19 suspects will be prioritized. However, COVID-19 testing can be unreliable and patients may not be diagnosed correctly, so an accident can occur.

For instance, it may be difficult to discern whether a suspected COVID-19 patient should be sent home to isolate and receive palliative care, or be admitted to the hospital. If the patient’s condition does not progress to severe symptoms, he or she may be better off at home, as long as there is a place for the patient to isolate and recover. However, if the patient’s symptoms were to become serious, it would be best to have the patient in the hospital to receive immediate, advanced support such as a respirator or ventilator.

In addition, patients with other acute medical conditions may not be prioritized as they should be. If these patients are “missed,” the doctor and health care system is at great risk for a medical malpractice lawsuit.

Need to know more about medical malpractice in the age of COVID-19? Be sure to contact an experienced attorney at Perna & Abracht LLC for a free consultation.

This blog was originally posted on https://www.pa4law.com/covid-19-medical-malpractice-risks-while-treating-patients/

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