Medical Malpractice: Understanding Your Rights as a Patient

Trust is one of the most important factors in the area of healthcare, where patients rely on doctors and other caregivers. But there are times when this trust is violated, and that results in cases of medical malpractice.

It is, therefore, important to understand your rights as a patient in this rather complicated system.

In this blog post, we will explore what medical malpractice is, how one can identify it, and what measures can be taken if one is in such a situation.

What is Medical Malpractice?

Medical malpractice is defined as negligence on the part of a healthcare practitioner who fails to meet the expected standard of care, causing harm/injury to the patient.

This deviation can take many forms; the patient may receive a wrong diagnosis, a surgical procedure may be performed incorrectly, a patient may be administered the wrong medication, or a child may be born with an injury as a result of medical malpractice.

However, not all medical mistakes are considered malpractice because there must be negligence or deviation from the standard of practice that causes harm to the patient.

Recognizing Medical Malpractice:

It is not always easy to identify medical malpractice since most people, especially those who have fallen victim to it, may not have any prior medical experience.

However, certain red flags may indicate potential malpractice, such as: However, certain red flags may indicate potential malpractice, such as:

Failure to Diagnose or Misdiagnosis:

Sometimes, when a disease is not detected or it is diagnosed at the wrong stage, this may be an indication of malpractice because the patient is treated inadequately or harmed in some way.

Surgical Errors:

Like any surgery, there is always a degree of risk involved, but mistakes including wrong site surgery, retention of foreign objects, or performing surgical procedures that are not required are unlawful.

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Medication Mistakes:

Giving the wrong medication, giving the wrong dose, or not taking into account a patient’s allergies or previous medical history can cause severe consequences and may signify a case of negligence.

Birth Injuries:

Negligent or improper medical treatment during childbirth that results in injury to the newborn or the mother can also constitute malpractice.

Lack of Informed Consent:

It is important that patients be fully informed of the dangers, advantages, and choices related to any medical activity that is to be done on them.

Learning About Your Rights as a Patient

Every patient has certain rights that are intended to safeguard them and guarantee that they receive adequate treatment.

Informed Consent:

Informed consent means that you have the right to be told all the details about your health status, the interventions to be taken, the possible complications, and the advantages of the process you are agreeing to undergo.

Your healthcare provider should discuss these aspects in a manner that would be easily understandable so as to enable you to make appropriate choices regarding your health.

Quality Care:

You have the right to receive adequate treatment that will be in line with the expected standards of a professional.

This encompasses being treated with respect and without discrimination based on factors such as race, ethnicity, religion, gender, or disability.

Second Opinions:

It also states that you have the right to obtain a copy of your records from your healthcare provider if you have a concern regarding your diagnosis or treatment plan.

Refusal of Treatment: You have the right to make decisions about your healthcare treatment and have the right to decline any treatment that your healthcare provider may suggest.

Seeking Legal Help:

In case you know or have a feeling that you have fallen prey to medical malpractice, seeking the services of a lawyer is crucial.

Document Your Experience:

Maintain a record of your medical treatment, the dates on which the treatment was provided, the treatments administered, the medications taken, and the communication with the medical practitioners.

This documentation can be very useful if you are planning to seek the legal help of an attorney.

Consult with a Medical Malpractice Attorney:

Seek the services of a professional legal advisor who has vast knowledge about medical negligence lawsuits.

They can assess your case, inform you of your rights, and guide you on the most appropriate action to take. Mokaram Law Firm is known for dealing with personal injury cases. So, make sure to take a look at their services.

File a Complaint:

Your attorney can assist you in filing a complaint with the right regulatory authority, such as the state medical board.

This can lead to an inquiry into the suspected malpractice and may result in sanctions against the practitioner involved.