Medical Malpractice

From misdiagnoses to botched surgeries, 20,000 medical malpractice lawsuits are filed each year in the US. The latest estimates say close to 251,000 lives in the country are lost each year due to medical error, which is higher than the yearly death rate for Alzheimer’s disease and stroke. This is a staggering number, but what exactly is medical malpractice?

Malpractice happens when a medical provider/professional fails to take proper action or provide the proper treatment and hence causes injury, trauma, or death to the patient. Incorrect or delayed diagnosis is the most common cause of malpractice. Other types come as a result of unnecessary surgery, premature discharge, or the wrong medication or dosage.

In order for a person’s actions (or inaction) to be considered malpractice, there are 3 main factors taken into account:

• Failure to provide proper care:

Lawfully, healthcare providers are required to obey certain standards set under OSHA (Occupational Safety and Health Administration) guidelines. These include safe handling of patients and workplace hazards.

• Injury resulting from negligence

A patient must be able to prove that they had been harmed in some way due to the negligence of the medical professional.

• Damaging consequences:

Considerable damage must have been inflicted by the medical negligence. This can include constant pain, disability, suffering, and loss of income.

It’s important to remember that there are key distinctions between unauthorized medical practice and malpractice - when someone gives medical advice or treatment without a professional license, it is considered to be unauthorized. This is also dangerous, however, as patients could potentially be harmed or killed as a result of a lack of proper training or unproven methods.

Currently, the penalties for malpractice range from a fine to loss of license to practice medicine, depending on the severity of the offense. Though a healthcare professional might not have had malicious intent, there is a costly price to be paid for making mistakes in the medical world.