A medical malpractice existing when a doctor fails to provide a proper duty to their patient. This duty reflects the standard of care provided by the doctor. These standards of health care are regulated by the federal government and enforced through the Affordable Care Act. If a doctor fails to provide high-quality to all patients, he or she is liable for any injuries that result from their actions.
How Do Doctors Commit a Failure to Provide a Duty?
A doctor commits a failure to provide a duty by failing to perform to the best of their abilities or to transfer the patient to a more qualified doctor. These failures include errors produced during surgery, providing an inferior medical treatment, failing to diagnose a life-threatening disease at an earlier stage, and committing an act of malice due to personal beliefs. All medical doctors must follow federal regulations or face legal actions.
What Evidence is Used Most Often?
The most prominent evidence used in these cases is the medical records of the patient. The records show the error and the result of this error. They determine if another testing option, medication, or treatment would have served the patient better. Any documentation from a supplementary doctor that treated the patient is also used. Any witnesses that saw the incident are also called to testify to what they saw during surgical procedures. This includes the medical staff that was present during a surgery gone horribly wrong.
Why is a Medical Witness Required?
A medical witness is required to explain how the error occurred and how it could have been avoided. These individuals must have the same credentials and training as the doctor that performed the procedure. They must understand how to perform the surgery or identify a better treatment for the patient.
Legal claims against a doctor present the opportunity for the patient to acquire monetary awards. They also help the patient heighten awareness of a doctor who isn’t performing their proper duty and harming patients. The claims offer economic and punitive damages for these patients and offer a chance for more patients to step forward. Patients who suffered due to these errors must contact an attorney now.