We put a lot of trust in the training and skill of doctors. Especially for major operations or surgeries, medical professionals do not have a large margin for error. Any minor mistake in a surgery can bear the high price of the patient’s life. When these mistakes happen, they may result in a case of medical malpractice. However, it is crucial to keep in mind that not every failed surgery or procedure can fall under the legal concept of medical malpractice.
In order to win a medical malpractice case, the medical professional must have been negligent. This means that there must be evidence that the medical professional failed to provide the level of caution and care that should be expected of someone in the medical field with their skill and education. No human being can be expected to never make a mistake, and medical malpractice laws do not require perfection of every doctor but rather that they meet the standard of care reasonably expected of them.
That being said, if the medical professional was acting recklessly when the incident occurred, then there is a clear case of medical malpractice. Recklessness could be a doctor performing a surgery while under the influence of drugs or alcohol, or refusing to follow proper sanitation protocols. Such cases are not common in the medical field, but they would place the patient in serious risk of injury.
It is important to clarify that a doctor has not committed medical malpractice simply because a patient grew worse during treatment. Medical science is not perfect, and not every injury or illness can be treated or cured. Medical malpractice laws exist to legally protect patients from preventable and negligent mistakes made by medical professionals, not to punish doctors for failing to offer remedy for untreatable illnesses, as unfortunate as they may be.
With the gravity of the injuries that can stem from medical malpractice, it is crucial that doctors be held accountable for any reckless of negligent actions that they commit. If you believe you have been a victim of medical malpractice, contact a medical malpractice attorney in your area with skill and experience. Look to a personal injury attorney Atlanta GA trusts when pursuing a medical malpractice claim. Your attorney will be an expert in the medical malpractice laws of your state, and can look at the factors of your case and treatment to help determine if your doctor did in fact act negligently, and will build a case to ensure that you receive compensation.
Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their input on medical malpractice.