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Personal Injury cases are one of the most common to come before the US Department of Justice. In fact, 15% of all personal injury cases in the United States are due to medical malpractice. If you or someone you know suspects they’ve been a victim of medical malpractice, this guide will help to better inform you and assist you in knowing when to hire a medical malpractice attorney.
What is medical malpractice?
Medical malpractice is an act of negligence or omission performed by a healthcare provider or facility that results in personal injury or death. In some cases, medical malpractice also constitutes as a criminal act.
The four elements of medical malpractice are:
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- A professional duty owed to a patient
- A breach of said duty
- Injury caused by said breach
- Resulting damages
What acts constitute medical malpractice?
There are many acts that could fall under the umbrella of medical malpractice. The most common are those that cause physical harm, injury or death, such as mistakes during a procedure.
A few of the other most common examples of medical malpractice are:
- Misdiagnosis
- Unnecessary surgery
- Improper medication or dosage
- Failure to order the right tests
- Disregarding patient history
- Failure to recognize a patient’s symptoms
- Failure to warn patients of known risks of treatment
Who is liable for medical malpractice?
Most medical professionals can be liable when it comes to medical malpractice. The most common would be physicians and surgeons, but the list also includes:
- Midwives and doulas
- Nurses, nurse practitioners and physician assistants
- Dentists and dental hygienists
- Psychiatrists
- Chiropractors
- Occupational therapists
Medical professionals that claim to specialize in a specific area of medicine may be held a higher standard.
When to hire a medical malpractice attorney?
If this information matches up with your situation, it’s time to speak with a medical malpractice lawyer; they will serve as a champion for your case. With their medical knowledge, knowledge of law and experience fighting medical malpractice cases, they will give you the relief you need to know that someone is on your side. Contact a representative today from Rossman Law Group to discuss your case.
Keep in mind that due to legal deadlines and Idaho’s Statute of Limitations, a medical malpractice attorney cannot pursue a case that has occurred more than two years ago, even if the victim was just recently made aware of the malpractice.
The information in this guide is not meant to serve or be construed as legal advice. Every case is different. For legal matters, you should always seek advice from a medical malpractice attorney.
