Medical malpractice, also known as med mal, occurs when a patient is offered the wrong treatment options, substandard treatments or neglect. All these are medical errors that can appear in the diagnosis, treatment, medication, or aftercare stages. Texas has more than 500 malpractice suits against medical professionals annually. Each state has different malpractice laws and regulations. However, there are federal principles and categories of rules that ought to be applied in the medical field. Here are some basics concerning medical malpractice.
What are the requirements for a medical malpractice claim?
The rate of med mal claims is alarming, and many forms of medical negligence lead to lawsuits. However, to create a med mal lawsuit, several requirements need to be met. They include:
- The existence of a doctor-patient relationship – To sue a doctor for malpractice, you must have had contact and treatment. Avoid filing a claim on a physician who didn’t treat you.
- Doctor negligence – If you are just unhappy with the results of your treatment, you cannot sue the doctor for negligence. You need to show that the doctor caused harm to you or was incompetent.
- Negligence causing injury – Most med mal cases involve sick and injured patients. If the doctor didn’t aggravate the situation or lead to death, It would be complex to sue. The doctor’s incompetence should directly lead to injury.
What are the common types of med mal?
Medical malpractice claims encompass a wide range of situations, but most of them will be among these categories:
- When a medical practitioner fails to diagnose an illness despite knowing it, they are viable for a med mal claim.
- Giving improper patient treatment can result in a medical malpractice claim. Moreover, administering the appropriate treatment incompetently is also malpractice.
- When doctors fail to warn patients of any risk, also known as the duty of informed consent, they risk a med mal claim.
Although medical malpractice law differs between states, medical practitioners should remain accountable. Contacting an attorney if you suspect any medical malpractice can help you manage this difficult situation.