Medical malpractice can sometimes be missed when incidents fall into gray areas, as not every situation involving malpractice is obvious. Determining what counts as medical malpractice in Missouri starts with developing an understanding of the action and finding evidence to support it. Talking to a Kansas City medical malpractice lawyer is helpful for developing a claim strategy to recoup financial losses.
What Counts as Medical Malpractice? Here Are the Signs
The basic definition of medical malpractice is a health care worker who causes harm to a patient because of a failure to uphold the standards of care. This form of negligence happens in two different ways:
- Careless actions
- Acts of omission or a failure to act
Determining the difference between unforeseen medical errors and careless mistakes is key. This is why proving medical malpractice is complex. Some dire situations occur due to adverse events, where no health care professional could have been expected to prevent patient harm. These cases might be harder to defend in court because the standards of care were actually intact.
These are some of the most common types and causes of medical malpractice:
- Surgical errors
- Medication wrong dosage or wrong type
- Failure to treat a disease
- Misdiagnosis or failure to diagnose
- Not obtaining informed consent
- Substance abuse on the job
- Performing a procedure without proper training
- Not following proper protocols or procedures
- Failing to follow up with a patient
Steps for a Malpractice Lawsuit
Regardless of why you’re suing for malpractice, all medical malpractice lawsuits require the same four sets of criteria. Otherwise, your case could be dismissed in court.
- You need evidence of a professional duty the health care worker owed you. This might be proven with signed forms and other medical documents.
- You have to prove that the standards of care were breached by that person—the negligent act that caused your injuries.
- There needs to be proof of your injuries and the damages you suffered. Pictures and medical records help.
- Now you must prove that your damages were caused directly by that medical professional’s breach of the standards of care. This might be even more difficult if they lie or cover up what happened.
Identifying malpractice can be challenging, but filing a malpractice lawsuit against a doctor covering up what happened is daunting. Find a trusted legal advisor who can help you build a case and defend it in court if necessary.