Medical Malpractice | Professional Negligence

Most of us would like to believe that we are in safe hands and nothing can or will go wrong when we consult with a doctor, medical practitioners, and other professional service providers.  While in many cases this is true, the fact is doctors and other professional service providers do make mistakes and these mistakes happen more often than you may realize.

Projected statistics indicate that thousands of people each year will require more treatment, experience more pain and suffering, become paralyzed or even die because of medical malpractice. Malpractice resulting in death lends way a to wrongful death claim.

What is Medical Malpractice & Professional Negligence? 

Medical malpractice is a failure on the part of medical professionals to provide adequate treatment to patients resulting in a personal injury, death, or substantial loss. When a doctor or other medical practitioner acts with negligence while treating any medical condition, it is called medical malpractice.

Professional negligence is the failure of professional service providers to follow generally accepted professional standards. Medical malpractice is a form of professional negligence.

All licensed medical professionals, as well as hospitals and other medical facilities, are required to act according to a very strict “standard of care.” When these standards are ignored or overlooked, you can end up paying a very heavy price. This is not only in terms of the escalating expenses incurred but in some cases it could also mean loss of income if you are unable to get back to work in addition to the inevitable trauma and inconvenience to you and your family.

What Does Medical Malpractice Include?

Medical malpractice includes but is not restricted to:

• Misdiagnosis of a medical condition
• Failure to provide timely medical care
• Failure to give the appropriate medical treatment
• Botched surgical procedure

How is Medical Malpractice or Professional Negligence Determined?

Each state has different regulations and laws governing exactly what actions constitute medical malpractice and professional negligence, and how relief can be sought through a medical malpractice lawsuit.

It is important to realize that not all cases warrant medical malpractice or negligence, and signing an informed consent form does not clear health care providers of malpractice.

In a civil case, courts and juries decide whether the level of professional negligence has caused the plaintiff to suffer harm. Professional negligence extends beyond the healthcare field. For example, morticians can be found negligent for botched post-mortem care of a loved one.

Your Rights as a Victim of Medical Malpractice

While the law states that you should be appropriately compensated if you are a victim of medical malpractice, recent tort reform has rendered medical litigation a very expensive and time consuming process. In addition, because medical malpractice litigation can be highly technical, most cases will require medical experts to help the court and jury understand the professional negligence experienced by the patient. For this reason, it is best to contact an attorney who specializes in medical malpractice cases. Not only do they understand the laws and regulations, the right attorney will help you understand your rights and options.

If you strongly suspect that you have been a victim of medical malpractice, contact Alecia M. Vick, North Carolina medical malpractice attorney, for a free consultation and to ensure your rights to the proper medical care are not violated. We will review all the details and determine the best course of action for you.