Jul 10, 2015

Posted by in Lawyer | Comments Off on What Constitutes Medical Malpractice?

What Constitutes Medical Malpractice?

What Constitutes Medical Malpractice?

Medical malpractice, alternately medical negligence are one in the same, they are both terms that refer to a standard of health care which is flawed as a result of negligence or omission on the part of a medical professional or facility and the flawed act results in injury. Medical malpractice does not happen frequently but when it does the injured party or his family or heirs is given the right to hire a Chicago medical malpractice attorney and sue for damages. Medical malpractice is one of many issues litigated under tort law or personal injury law.

It is a given that people are entitled to a certain standard of medical care. In cases where this standard of care is not given negligence arises, this in turn results in actions that can be considered irresponsible or in error, in other words, actions that should have taken place did not, the result is injury or worse.

Medical negligence is often the result of inadequate skills, improper care or excessive speed. Any person, this includes physicians, nurses, specialists or anyone else that plays a responsible role in the care of the patient can be cited and held liable for negligence. It is not only physical care, those professionals that offer psychological care can also be charged with malpractice as can facilities such as clinics and hospitals.

In the event a case accusing someone or something of medical malpractice a Chicago medical malpractice attorney will weigh the actions of the accused against the level of professionalism and competency of the accused peers in similar or identical circumstances. This simply means that a cardiac surgeon will be held to the same standard that other cardiac surgeons are held to. In the event a general practitioner was to perform a procedure that would normally be the prerogative of a specialist, the general practitioner will not be judged by the standards of other general practitioners but will be judged by the standards of the specialty he acted in.

Medical negligence cannot be claimed just because a patient is unhappy with the results of the medical care he or she received. If a member of the medical community cannot cure a disease this is not an act of negligence, to claim medical negligence there must be some harm. The harm must be something the patient would not have experienced if there had not been negligence on the part of the doctor or medical facility.

In the event you suffered harm as a result of negligence on the part of a medical practitioner or medical facility you have the right to engage a Chicago medical malpractice attorney and sue for damages. You are invited to discuss your case with the Shea Law Group.

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