This omission, when it causes harm to the patient, maybe the subject of a complaint for investigation of the medical conduct and legal action, the objective of which will be, in some way, to compensate the victim for the damage suffered.
However, verifying or proving a medical error and whether it was due to negligent conduct and knowing question like Do I Have a Medical Malpractice Case case is not always easy. Especially because medical error can be characterized not only by negligence but also by malpractice or imprudence.
In a simplified way, the website of the Federal Council of Medicine differentiates these three concepts as follows:
- negligence: consists in not doing what should be done;
- recklessness: consists in doing what should not be done;
- malpractice: consists in doing badly what should be done well.
Each has a specific way of acting, whether to report the fact or even demand some reparation.
Therefore, this article will explain how to identify medical negligence in a service and what to do if this happens to you.
What Is Medical Malpractice?
Medical negligence is a doctor’s misconduct, whether by omission or lack of concern for patient care, exposing him to unnecessary risks. According to the Federal Council of Medicine, medical negligence is characterized when the doctor fails to do what should be done.
Medical Error Vs. Negligence?
The difference between medical malpractice and malpractice lies in scope: while medical malpractice is a broad term that also refers to cases of recklessness and malpractice, medical malpractice is very specific.
The negligent conduct of a doctor is characterized, especially by omission. That is when he fails to do something that should be done in patient care. How the doctor should assist the patient is well defined in the Code of Medical Ethics, including what should not be done.
“Causing harm to the patient, by action or omission, characterized as malpractice, recklessness or negligence.”
What Are The Most Common Examples Of Medical Malpractice?
There are numerous examples of medical malpractice. But, below, we list some of the most common types seen:
Omission of treatment: occurs when a doctor omits a possible treatment to the patient, prevents or delays referring him to another professional who would treat him more appropriately. An example is when a patient can be treated surgically better, but the doctor maintains drug treatment, even if it is less efficient and harmful.
Patient abandonment: this type of medical malpractice is very common and happens when, despite being aware that the patient needs treatment, the professional fails to assist him. However, it should be clear that here we discuss cases in which the physician expressly refuses to continue the patient’s care. That is, situations, where the patient delays consultations and medical follow-up do not qualify as medical malpractice.
Forgetting material or another foreign body in the patient: here we have a classic type of medical malpractice and much discussed in our courts. Several professionals understand that simply forgetting material is insufficient to characterize medical malpractice. So, in this situation, the patient or his family member must prove the damage resulting from forgetting this foreign body.
Surgeries performed incorrectly: although not so common, this type of situation occurs and is also classified as medical malpractice. This is the case, for example, of the patient who is hospitalized for surgery and the doctor performs another. Or even the surgical procedure that is not performed in the correct place, for example, when the patient needs surgery on one vertebra, and the doctor performs it on another. Medical malpractice is often not so simple to notice since cases of incorrect surgeries may not come to the patient’s attention easily so you need a lawyer like Jacob Fuchsberg Law Firm for example.