The Difference Between Medical Errors and Negligence in a Medical Malpractice

August 25, 2016

When something goes wrong during surgery or another medical situation, it can be devastating. The doctors want to help, but sometimes the results are more devastating than the patient’s condition before the procedure. So what happened? How do you know if it was “just one of those things” that can happen or if it was negligence on the part of the doctor? Here are some ways to help determine the difference.

It is estimated that 28% of injuries that occur in health care are due to negligence. The other 72% of injuries are caused by unforeseeable circumstances that are not the doctor’s fault. For example, if a doctor prescribes a patient penicillin and the patient has an allergic reaction that turns rather serious, this is not necessarily the doctor’s fault. Was there any reason that the doctor would know the patient was allergic to the drug? If not, the doctor followed all proper procedure and did nothing negligent. If, however, the patient had filled out on their paperwork that they were allergic to penicillin and a previous hospitalization had shown a similar reaction in the past, the doctor will be responsible. The main thing that makes an injury to a patient negligent is if it was reasonably preventable by the doctor.

Common Errors that Result in Medical Malpractice:

  • medication errors
  • anesthesia errors
  • surgery errors
  • childbirth injuries
  • misdiagnosis

Let’s say that you think that you or a loved one were victims of medical negligence. How does somebody prove this? A medical expert witness is hired specifically for this task. They can use their medical background to look at the facts of the case and determine whether they think that there was negligence involved or not. Medical malpractice experts are reliable and honest. They come in handy, because they will help your lawyer determine whether you have a case or not. Sometimes, this is easy to determine. However, in most cases, your lawyer will have to fight to prove the case. The expert is one of his best weapons.

Do not wait to see what happens before calling a lawyer in your medical malpractice case. Even if you are unsure if your case qualifies, talk to a lawyer to find out today. They can help you gather the information that you need to get the compensation that you deserve. We put our lives in the hands of our doctors. When they let us down, it’s important that we get what we deserve. Visit JD.MD, Inc. if you would like to learn more.

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