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The following article was published in our article directory on March 2, 2015.
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What Constitutes Medical Malpractice?

Article Category: Legal

Author Name: Injury Ninja

The health care system was established to preserve and maintain health and to save lives. Technological advancements and continuous research and education make these goals of the health care system attainable. However, despite rigorous trainings of various physicians and safety checklists followed by medical practitioners, medical malpractice and negligence still occur.

Medical malpractice refers to an act of omission or commission of a medical health professional that falls below the standard level of care resulting to injury or worse, death of the patient. Laws and regulations regarding medical malpractice may differ among countries. Physicians can protect themselves from medical malpractice not only by being careful, skillful and knowledgeable, but also by obtaining medical malpractice insurance.

Medical negligence and malpractice can be established if all of the four 'D' elements are present. These elements are:

Duty - In order for a medical health professional to be considered guilty of malpractice, it is crucial to establish that he or she is present or is on duty at the time that the negligent act occurred. The health care provider must be directly accountable for the care of the patient during that time.

Dereliction of duty - Another element that must be proved is breech of duty. You must have proof that the health care provider did not do what he or she was expected to do during that time. He or she did not act in a manner that a prudent man would have acted if given the same circumstance.

Damage - A health care provider who was on duty and who committed a wrong act can be spared from malpractice suits if no damage occurred. Damage is the harmful effect - either in the form of injury or complication that occurred to the patient. Mortality is also considered a form of damage. A nurse who accidentally gave a wrong medication to a patient may not be sued if the patient did not experience any side effect from the wrong drug.

Direct causation - A nurse or physician on duty may have committed a maleficent act, but may not be sued if the act did not directly cause damage to the patient. The act should naturally cause the damage. For example, a surgeon left an instrument inside the abdomen of a patient and later on, the patient developed infection. There is direct causation because the infection would have not occurred if it were not for the presence of the instrument.

However, if the surgeon operated on the patient without leaving anything inside the incision site then the surgery might not have directly caused the infection. Other intervening factors, such as poor hygiene or non-compliance with antibiotic therapy, may cause it. If there is no direct causation, then the medical practitioner may be spared from lawsuit.

Aside from these elements, a lot of other factors can contribute to negligence. Some factors can also help the physicians from several malpractice lawsuits. One factor that can save the physician is the statute of limitations. A patient can only file a lawsuit against a medical practitioner within a specified period of time; hence, it is important that the patient is aware of this "deadline". Statute of limitations varies from one country to another.

Disclaimer: This is not legal advice and we are not attorneys and should not be used as legal advice. We can or may help find legal advice for you. The contents of this curated website have been prepared by Injury Ninja for informational purposes only. As this is a compilation of outside news sources, we do not control the opinions or content being created for this site, we are not paid to include any of these sites. If you believe we should include other sources, please feel free to contact Injury Ninja. We welcome all suggestions. None of this information is intended as either legal or medical advice or opinions. While Injury Ninja maintains joint responsibility; all cases are referred to other attorneys, medical professionals or financial professionals for principal responsibility. No attorney/client relationship is established with use of this website. Sending or receiving information through this site, posting to our blogs/news site does not establish a client relationship. A client relationship is established only by an express and written agreement with an outside attorney, medical staff, or finance professional.

Keywords: bad drugs, personal injury, birth injuries, xarelto lawsuits, car crash, mesothelioma, asbestos, pharmaceuticals, medical malpractice

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