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What Counts as Medical Malpractice?

Categorized as Defective Medical Devices, Personal Injury

Medical malpractice can sometimes be missed when incidents fall into grey areas. Not every situation involving malpractice is obvious. Many patients suffer financial losses as a result. The trick to identifying medical malpractice in Missouri is being aware of what malpractice means and common types of malpractice. Once you do this, the next step is finding evidence. Talking to a Kansas City medical malpractice lawyer can be helpful for this.

How to Recognize Medical Malpractice

The basic definition of medical malpractice is a healthcare worker who causes harm to a patient because of a failure to uphold the standards of care. This is a form of negligence that can happen in two different ways.

Negligent actions happen when careless actions cause harm. Whereas, acts of omission cause harm when a healthcare worker fails to act. This can become complicated when you consider all the unforeseen things that can go wrong during emergency treatment. Figuring out the difference between unforeseen medical errors and careless mistakes is key.

This is why medical malpractice can fall into a grey area. Some cases of malpractice happen due to adverse events, incidents where no healthcare professional could have been expected to prevent patient harm. These cases might be harder to defend in court because the standards of care may have been left intact.

Looking at common examples of medical malpractice can help you recognize them in the future. Some of these include:

  • 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

Some of the incidents of malpractice are harder to prove than others. Try contacting a Kansas City malpractice lawyer to see what evidence you need for your case.

Steps for Any Malpractice Lawsuit

Regardless of why you are suing for malpractice, all medical malpractice lawsuits require the same four sets of criteria. Otherwise, your case could be dismissed in court. First, you need evidence of a professional duty the healthcare worker owed to you.

This might be proven with signed forms and other medical documents. Second, you will need to prove that the standards of care were breached by that person. What this means is proving the negligent act that caused your injuries. Third, you need proof of your injuries and any damages you suffered. Pictures and medical records help.

Fourth, you need to prove that your damages were caused directly by that healthcare worker’s breach of the standards of care. Proving this is difficult when the healthcare worker lies or covers up what happened.

Kansas City Medical Malpractice Lawyer

Identifying malpractice can be challenging enough but filing a malpractice lawsuit against a doctor who is covering up what happened is daunting. Feel free to contact Peterson and Associates P.C. at 816-888-8888 to talk to a Missouri medical malpractice attorney for a free consultation today. Our team of Kansas City lawyers might be able to help you attain compensation for lost income, pain and suffering, and medical expenses. We are located in Kansas City, Missouri.