Medical malpractice is a complicated area of law. Often, doctors, physicians, and surgeons have to make last-minute decisions in order to provide the best care, and sometimes, these decisions can result in an adverse result. In some cases, the doctor or physician may make a wrong decision in terms of treatment that results in serious injury or death. If this has happened to you, it can be incredibly alarming.
However, the question you may be wondering is, "Was it a mistake or was it medical malpractice?" By examining the specific details of the case, and figuring out whether the medical professional's care fell below the accepted medical standard of care, it can be easier to determine whether or not you have a case.If you or a loved one was the victim of medical malpractice, however, you need to get a highly experienced attorney on your side as soon as possible. For a free consultation with the Kansas City medical malpractice attorneys at Popham Law, call our law firm today at (816) 221-2288.
Things to know about medical malpractice
As a legal term, "medical malpractice" occurs when a health care professional causes personal injury in the course of diagnosis or treatment."Standard of care" is defined as what a reasonable medical provider would (or would not) have done under the same or similar circumstances. In a successful medical malpractice suit, the average damage award is often several hundred thousand dollars. However, the first thing to understand is:Even if the doctor makes a mistake during treatment, you are not guaranteed to win your lawsuit.This is typically due to the fact that, in order to win a medical malpractice suit, you need to prove that the health professional's care was negligently sub-standard, resulting in your injuries. As such, a mistake made in good faith might not be enough to win a suit.
Some mistakes and errors can still be malpractice
Malpractice claims exist if the health care provider's negligence causes injury or damages to the patient. As such, even in cases of mistakes and errors made in good faith, you still may be entitled to compensation in a medical malpractice lawsuit.Some mistakes and errors that may necessitate a medical malpractice suit can include:
- Incompetence. The medical professional lacked the required skill and knowledge to perform care competently.
- Insufficient planning. In most cases, standard of care also includes reviewing, and preparing for, any complications that are likely to occur.
- Improper work processes. The health care professional took a shortcut that resulted in injury.
- Fatigue. Unfortunately, this is quite common. With the fast-paced nature of some hospitals and the notoriously long shifts, tired professionals are more likely to make mistakes.
- Neglect. Sometimes, the injury occurs simply because the health care professional wasn't careful enough.
Contact the KC Malpractice Attorneys at Popham Law
The line between "mistake" and "malpractice" is not as clear as one may think. In other words, if you believe that malpractice has perhaps occured, the first thing you need to do is contact the KC medical malpractice attorneys at Popham Law as soon as possible. Time is critical in these cases, so call our Kansas City law firm today at (816) 221-2288. Free consultations are available.