Medical Malpractice – the Basics

Medical Malpractice is a term we often hear bandied about. Medical Malpractice suits are also often over dramatized in TV shows and movies. The real truth is that medical malpractice suits are extremely expensive and usually very technical and complicated, particularly in the United States.

There are four main areas of malpractice that can occur.

1. Failure to diagnose or misdiagnosis. Most doctors these days work on  a system of ‘differential diagnosis’. This basically means they will put possible diagnoses in a descending order of probability. This leaves them less open to accusations of misdiagnosis. Failure to diagnose can occur when a doctor or other medical professional dismisses your illness or injury as trifling, or ‘all in your head’ or for some other reason not worthy of treatment.
2. Sub-standard care, treatment or surgery. This usually occurs when a medical practitioner has not kept up with the standards across the country. It can be a particularly difficult avenue to pursue as doctors tend to stand up for each other.
3. Lack of Informed Consent. These cases arise when a patient has not had procedures and risks associated with them properly explained. Apart from emergency surgery every patient has the right to have their treatment explained and understand what risks may be involved.
4. Breach of doctor-patient confidentiality. Doctors are not permitted to divulge your medical records to others but be aware that there are certain exceptions to this.

Not only doctors but nurses and other medical staff can be held responsible for any medical malpractice or medical negligence. There are times when a hospital or pharmaceutical company can also be held to account.

Additional Legal Information: Medical Malpractice Attorney Kris Barber. Serving clients in the Dallas area.