What Counts as a Medical Malpractice Case?

What Counts as a Medical Malpractice Case?

Many people can suffer the effects of medical malpractice without readily realizing it. Other cases of medical malpractice may be more obvious, like surgical devices being left inside a patient or being prescribed the wrong medication. In either case, knowing more about how medical malpractice is defined and the main differences between medical malpractice and other personal injury claims might be able to increase your chances of identifying malpractice when this happens to you. Talking to an experienced Mississippi medical malpractice lawyer is the next step in your journey for compensation. 

How Is Medical Malpractice Defined?

Medical malpractice has been officially defined in legal terms as an act of commission or omission that not only breaches the standards of medical treatment but causes significant harm to a patient. An act of commission is a direct behavior taken by a medical professional that harms a patient, whereas an act of omission is a lack of behaviors taken to prevent harm to a patient. Both of these constitute a breach of the standard of care upheld by all medical professions.

It helps to look at common examples of medical malpractice in action rather than solely focusing on the strict definitions surrounding various levels of malpractice. Medical malpractice can take the form of:

  • Misdiagnosis: Wrong diagnosis, no diagnosis, or delayed diagnosisWhat Counts as a Medical Malpractice Case?
  • Prescription Error: Wrong dosage, incorrect medication, dangerous medication for a particular patient
  • Informed Consent Negligence: Failure to obtain informed consent before administering a treatment or breaching your confidentiality rights
  • Drug Abuse: Substance use that impairs a health professional’s performance or accuracy
  • Surgical Errors: Miscalculated or improper anesthesia use, leaving device inside a patient, operation of wrong area or patient
  • Failure to Treat: No improvement with treatments due to negligence
  • Hospital Spread Infection: Suffering the effects of infection because of poor sterilization
  • Birth Injuries: Your baby suffered physical or mental damages due to improper or unsafe procedures

The Main Differences Between Malpractice and Other Personal Injury Claims

Knowing the relevant differences between malpractice and personal injury claims can also help you figure out whether you have a medical malpractice claim in Mississippi. Firstly, medical malpractice operates under professional negligence laws rather than just the negligence laws that personal injury claims operate under. Professional negligence is different from regular negligence in several ways.

For one, professional negligence requires the existence of a professional doctor-patient relationship. That is, you must be registered as an official patient of the health care professional who harmed you, or else you may not be able to file a lawsuit. Secondly, a duty to care for you as a patient is a part of that doctor-patient relationship. When this duty of care is breached, you have a medical malpractice lawsuit

Medical Malpractice Attorney in Mississippi

Not only can medical malpractice make you suffer physical and financial losses, but this type of experience can also lead to emotional distress. Contact the Germany Law Firm, PLLC at (607) 487-0555 to talk with a Jackson medical malpractice attorney if you are struggling to prove your malpractice claim. One of our dedicated medical malpractice lawyers will do what it takes to collect the evidence you need for fair compensation.