Recent statistics shows medical practice causing 44, 000 to 88, 000 deaths, and 1.5 million personal injuries. Medical malpractice is a common event occurring in most clinics, hospitals and other medical institutions involving medical practitioners. The situation happens as a result of negligence or carelessness on the side of the medical practitioner. Medical malpractice is not limited to events causing deaths, but it also involves mistake in prescribing medicines, failure to evaluate the medical record prior to medical treatment, and the ignorance of the medical practitioner to administer proper healthcare.
In healthcare setting, even if two patients have the same illness or health disorder, it does not mean that the same medical care or treatment is applicable because of the axiom that each patient is unique, so does the treatment. When the doctor or medical practitioner does not follow the standard or regulation on how to treat patients, by which medical practitioners are sanctioned to follow, medical malpractice occurs, even without the evidence of death or personal injury. Due to the guideline of medical profession and the underlying premise of medical malpractice, it is very important for doctors to check the patient prior to prescribing medicines or administering any treatment.
Medical malpractice is not confined to doctors only, but also to medical professionals. Anybody who administers and provides healthcare can commit medical malpractice. Clinical psychologist, nurses, or healthcare assistants may fail to exercise the right medical procedures in handling illnesses of patients. Of course, the mistake or negligence of the medical practitioner or professional may not occur at once. It may be that the patient suffers terrible pain and health decline before succumbing to death.
A medical malpractice or personal injury lawyer can help families or any direct beneficiaries of the patient, who died due to medical malpractice, to file a claim over damages on the premature demise of the person.
For purposes of understanding medical malpractice, it is necessary to determine if duty is owed. A medical practitioner must have direct duty to provide necessary care to the patient or victim of malpractice. In the same manner, the medical malpractice or personal injury lawyer needs to prove the standard or quality of healthcare expected. For instance, a person who is under the Intensive Care Unit of a hospital must receive highest standard of care from medical providers. At the event medical practitioners failed to provide the expected standard of care, malpractice happens because of the imminent danger and risk that medical professionals failed to acknowledge.
A preponderance of evidence must prove the medical malpractice happens due to the breach of duty. When a medical practitioner is expected to provide the necessary care to a patient and the practitioner fails to provide such care, medical malpractice happens due to breach of duty. It can be that breach of duty happens through omission. The failure to check patient's medical records is a form of breach of duty.
In context, medical malpractice demands necessary evidence and proof to expound the matter. Damages are to be awarded to families of the patient, who is injured or died due to medical malpractice.
