Medical malpractice describes a situation in which a healthcare professional breaches the duty to care for their patients.
什么是医疗事故？
Generally, claims arise when a medical professional fails to provide the expected standard of care and causes harm.
Types of negligent actions:
• Diagnostic errors• Treatment errors• Aftercare errors• Mistakes in health management
Potential harm to patients:
• Exacerbation of existing condition• New health complications• Emotional distress• Death
西切斯特患者可提出的医疗事故索赔类型
诊断错误
These errors occur when a healthcare provider fails to correctly evaluate a patient's symptoms or misinterprets test results, which can lead to improper treatment.
用药错误
These occur when a patient is prescribed the wrong medication the wrong dose, or experiences harmful drug interactions due to a provider's oversight.
手术失误
These errors might involve operating on the wrong body part, leaving surgical instruments inside the patient’s body, or performing an unnecessary surgery.
Birth
Injuries
Birth injuries can occur to the mother or the baby and include failure to detect fetal distress, improper use of delivery tools, or delays in ordering cesarean sections.
Lack of Informed Consent
This occurs when a healthcare provider fails to fully inform a patient about potential risks, benefits, and alternatives associated with a proposed treatment or procedure
How to Prove a Medical Malpractice Claim
To successfully bring a medical malpractice claim, you must establish the following legal elements:
Proving
Your Claim
注意义务
违反职责
因果关系
Proving
Your Claim
损害赔偿
Duty of
Care
The duty of care is a recognized relationship between the provider and the patient, which is rarely disputed.
违反职责
You must show the provider deviated from the accepted standards of medical care, either through a negligent act or omission.
因果关系
Causation is a critical component where the patient must prove that the breach of duty was the direct cause of their injury.
损害赔偿
Damages can include physical harm, emotional distress, additional medical expenses, loss of earnings, or decreased quality of life.
You have two years from the date of the injury to file a claim.