Have you ever received unexpected medical results or experienced complications after a procedure? It’s natural to question whether a doctor made a mistake. However, understanding the distinction between a simple doctor’s error and actionable medical malpractice is crucial. Understanding the difference can empower you to make informed decisions about your health and legal options and hire a medical malpractice litigation attorney should you need one.
Wondering if what you went through was medical malpractice or a doctor’s error? This blog breaks it down for you.
Doctor’s Error
Doctor errors are surprisingly common in healthcare, varying from misreading test results to medication mistakes. These errors often arise from factors beyond a doctor’s immediate control, such as fatigue, communication breakdowns, or unforeseen complications. However, not all doctor’s errors constitute medical malpractice.
Medical Malpractice
Medical malpractice transpires when a healthcare professional deviates from the accepted standard of care, leading to harm to the patient. The standard of care refers to what a competent medical professional would typically do in a similar situation, considering the specific circumstances of the patient.
Once you determine whether your case is medical malpractice or doctor’s error, you can go on to file a claim.
Filing A Medical Malpractice Claim
For a medical malpractice claim to be successful, you’ll need to prove four elements:
- Duty of Care: The doctor owes you a duty to provide competent medical care.
- Breach of Duty: The doctor deviated from the accepted standard of care.
- Causation: The doctor’s breach of duty caused your injury.
- Damages: You suffered harm as a result of the doctor’s actions or omissions.
Let’s take a look at an example to illustrate the difference.
Imagine a doctor prescribes medication without considering a patient’s allergies (doctor’s error). If the patient suffers a mild allergic reaction, it might not be considered medical malpractice.
However, if the doctor fails to recognize a severe allergic reaction and the patient suffers life-threatening complications, it could be grounds for a medical malpractice claim.
If you’re unsure whether you’ve experienced medical malpractice or doctor’s error, consulting with an experienced medical malpractice attorney is crucial. An attorney can review your case, advise you of your legal options, and help you navigate the complexities of the medical-legal system.
Dream Team Law’s team of dedicated medical malpractice litigation attorneys understands the emotional and financial toll of medical negligence. We offer free consultations to discuss your case and determine the best course of action.
Don’t hesitate to seek the legal support you deserve. Contact Dream Team Law today, and let us fight for the justice you deserve through our team of skilled personal injury, car accident, and wrongful death lawyers.