|
|
|
|
MALPRACTICE Malpractice
is the failure of a professional to adhere to standards expected and required of
a professional in the community in which he or she lives and renders services.
It can apply to a dentist, a lawyer, an accountant, a doctor, a nurse or
a hospital. Most
of the malpractice cases that come to the attention of the Member Legal Services
Network are medical malpractice cases. Medical malpractice is a type of negligence.
Basically, negligence is a failure to exercise reasonable care, under the
circumstances and negligence in the context of a medical situation is failure to
provide reasonable and proper medical care or treatment by a physician, nurse or
hospital. Over
the years, the medical profession has established guidelines of what is proper
medical conduct in tests and diagnosis, care and treatment of particular medical
problems. If these guidelines are
not followed by the medical professional and a patient suffers injury or death,
then the law provides that the injured patient or representative of the patient
may bring a legal claim against the responsible party or parties. Every
person should know that there is such a thing as a “bad result” from
treatment or surgery. It is to be
distinguished from medical malpractice. No
physician or hospital guarantees a cure or even a positive result when they
propose medical treatment. Sometimes
a patient receives the best of medical care but does not get any better and may
even get worse. As long a physician
or hospital has met the appropriate standards for medical care and treatment,
there has probably been no malpractice; however, in order to make this
determination, most lawyers will consult with an “outside and independent”
medical expert (doctors who practice in the same area of medicine) who will
review all of the medical records to determine whether or not the proper
standards were followed. Attorneys
handling medical malpractice claims use the medical experts to review each case
individually and to advise the law firm accordingly; since medical malpractice
is very rarely obvious, even to a lawyer who frequently handles medical
malpractice cases, there is, therefore the need for the opinion of an expert. In
the medical profession, as in all professions, there is a small percentage of
practitioners who are incompetent and/or irresponsible, but the vast majority in
the medical profession are skilled and competent.
Even the best physician, however, can be sued and found guilty of
malpractice since mistakes can be made by anyone. Not every doctor who has committed malpractice is a “bad
doctor. ” Under the law, a
patient who is injured because of a “mistake” or negligence of a physician,
nurse or hospital, is entitled to be and certainly should be compensated for all
of the injuries and damages suffered. If
you have a question concerning a matter related to malpractice and it falls
under any of the professions mentioned, it is important that you contact a
lawyer for evaluation. The
importance of acting promptly cannot be overstated because of the statute of limitations which provides that a claim must be filed
in court within two years from the date the
injury occurred or when the injury was discovered or should have been
discovered. LEGAL
TIPS Related
to Medical Malpractice Questions 1.
Do not be reluctant to ask your doctor about all
risks and alternatives before consenting to surgery. 2.
Do not hesitate to obtain a second opinion when
surgery has been recommended.
NOTE: Many insurers will
pay for the cost of second opinions. 3.
If the surgery or treatment has produced unexpected
results or a worsened condition, do not hesitate to seek the opinion of another
physician and to have the matter evaluated by an attorney-at-law who can contact
the proper expert. Ó 2000 James
W. Pearson, Jr., All Rights Reserved FOR ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
Send mail to LawInfo@LawWalk.com
with questions or comments about this web site.
|
