When a healthcare professional’s actions cause harm to a patient, it is considered medical malpractice. A medical professional’s inability to make the right decision or diagnosis could also result in a patient being harmed, or possibly dying. This too is considered medical malpractice.
The Institute of Medicine has reported that an unbelievable 98,000 people die in hospitals each year due to errors that could have been prevented by medical practitioners.
What are Common Medical Malpractice Cases?
Medical malpractice occurs more often than the average person thinks. Some of the common medical malpractice cases include:
- Injuries during childbirth,
- Misdiagnoses,
- Errors during surgery, and
- Infections acquired during a hospital stay.
Are Medical Malpractice Lawsuits Only Filed Against Hospitals?
The answer to this is no. In May 2017, Virginia Tomasian of California filed a medical malpractice and wrongful death lawsuit against the California Armenian Home. Tomasian’s father, Ralph, was staying in the home and receiving daily care. The 98-year-old died after being admitted to an area hospital where he died of severe bowel impaction. His daughter has claimed that the home did not provide simple constipation relief to him, which resulting in the man’s death.
What Must be Proven in a Medical Malpractice Case?
The first thing that must be proven by a plaintiff is that a patient-doctor relationship existed. This simply means that the patient, who was affected poorly by the care, had visited and received treatment from the doctor.
The next thing that must be shown is that the doctor made an error when providing care. If you can show that there was medical negligence, then there is a case for medical malpractice. The medical professional’s actions will be compared against those of other doctors or practitioners to see if the standard was truly lacking.
The next step is for the plaintiff to show that the injury or death was actually caused by the medical error. One thing that must be proven is that the injury or death was not caused by a pre-existing condition.
Lastly, the victim must show that there was real injury or harm suffered after the medical error.
In April of 2017, four San Francisco-based hospitals were fined nearly a half million dollars due to the substandard care they were providing. In one case, one hospital did not provide ongoing assessments following one patient’s surgery. The patient ended up suffering respiratory failure and went into a vegetative state.
Strassburg, Gilmore and Wei can Help
The law firm of Strassburg, Gilmore and Wei can provide you with legal guidance when it comes to catastrophic injury and wrongful death lawsuits. Located in Pasadena, California, Strassburg, Gilmore and Wei, Attorneys at Law, are available to give you insight on difficult matters. Visit our webpage to see how we can help you. If you have any questions, contact us and let our experienced attorneys in catastrophic injury and wrongful death go to work for you.