Three Common Examples Of Medical Malpractice Lawsuits

The medical profession serves a crucial function in society and, thus, has taken many proactive steps to ensure patients receive services from qualified and competent practitioners. Despite these proactive measures such as licensing and oversight using medical licensing boards, medical errors are one of the leading causes of death in the United States. Thus, medical malpractice lawsuits help patients or their loved ones obtain compensation following medical negligence. Medical malpractice attorneys represent victims and their loved ones, holding hospitals and medical practitioners accountable in malpractice lawsuits. Medical malpractice attorneys examine medical reports, collect evidence, and interview witnesses to establish enough evidence for compensation. Below are a few examples of malpractice lawsuits handled by these attorneys:

Failure to Obtain Informed Consent

One of the core principles doctors must uphold is respect for patient autonomy. It is an ethical requirement for medical practitioners and health care providers to respect every patient's right to make their medical decisions without undue influence. Moreover, medical practitioners must obtain informed consent from patients or their authorized representatives before proceeding with any medical procedure. Informed consent entails informing patients of all relevant information such as the success rate, benefits, and risks of a procedure before the patient decides. Thus, doctors who fail to obtain informed consent from patients may be liable. Medical malpractice attorneys help victims establish that the medical practitioners violated their legal and ethical obligation to obtain informed consent. 

Medical Misdiagnoses

Doctors typically have to diagnose patients before proceeding with or recommending a treatment option. The diagnosis helps the doctor determine the patient's problem before making an informed decision on the treatment option. Thus, the attending doctor must be qualified, competent, and certified to perform proper medical diagnoses on which patients can rely. In some cases, doctors negligently make incorrect diagnoses, exacerbating patients' prognoses. Medical malpractice attorneys understand the legal process and are trained to demonstrate that liable doctors violated the standard of care through negligence. Thus, patients who suffer severe harm from a medical misdiagnosis should consult a medical malpractice attorney for legal representation.

Surgical Errors

A significant portion of medical malpractice lawsuits arises from surgical errors. The errors may be caused by several factors, including miscommunication within the surgical team, poor planning, human fatigue, unsanitary conditions, or intoxication. For instance, a surgeon may forget a surgical instrument in the patient's body after an invasive medical procedure, causing further complications for the patient. Such patients can sue the hospital and the responsible practitioners for compensation in a medical malpractice lawsuit. Thus, surgical patients who sustain severe injuries following surgical errors should consult a competent medical malpractice attorney for professional advice on obtaining restitution.

For more information, reach out to a company such as Aldridge Teasdale PLLC.

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Fascinating Legal Problems

There’s a reason why there are so many legal procedural shows on television these days. The law can be an intriguing thing. Going to court isn’t usually something that you look forward to, but having the court system available is definitely a positive thing. You never know when you may need to use it for one reason or another. I’ve found, as a legal professor, that taking a look at interesting cases in different areas of the law is the best way to help my students understand their subject. I’m hoping this blog will give you an idea of how the court system can work for you by giving you at glimpse at some fascinating cases and the laws behind them.