The term medical malpractice covers a wide range of errors, mistakes or omissions in the practice of medicine for health care providers in all medical fields. Malpractice may be charged for a variety of actions, either intentional or unintentional. Such actions are commonly known as torts in the legal field. Unintentional torts are therefore defined as actions by a medical provider who didn't intend to cause harm or do anything wrong.
Negligence
According to "Legal Aspects of Health Information Management" written by Dana C. McWay, negligence is one of the most common charges filed against a medical practitioner. Negligence is most often considered a non-intentional result of medical errors such as misdiagnosis, medication errors or adverse reactions to medications.
Breach of Duty
Medical misconduct is another common accusation regarding a malpractice suit. A medical doctor, surgeon or other certified health care provider is obligated to provide basic standards of care to patients. Failure to do so may result in a charge of breach of duty. Some examples of failing to provide adequate care might be scenarios where diagnosis is delayed or faulty, or an instance where a diagnosis is lacking, leading to inadequate or non-care of the individual.
Damages
Damages such as those caused by medication errors are common among medical malpractice cases. Administration of the wrong drug, in the wrong dosage or disregarding instructions for its use may result in physical damage to the patient. In relation to drugs, medical providers are held to the Five Patient Rights of Effective Care, such as: right patient, right drug, right dose, right route and right time. Failure to adhere to such standards may result in unexpected and harmful results and accusations of negligence.
Direct Cause
Some cases of medical malpractice are won when a patient is able to show that an injury would not have occurred if the health care provider had not proven negligent in her duties. For example, an individual who enters surgery for repair of a left knee joint and who undergoes surgery on the wrong leg may have a case and cause for proving negligence.
References
- LawyerShop.com: Medical Malpractice Cases
- 5Rights.com: 5 Rights of Effective Patient Care
- McWay, Dana, "Legal Aspects of Health Information Management," Thomson, 2003
