When is patient harm not medical malpractice?

On Behalf of | May 21, 2015 | Uncategorized

Personal accountability is important to many Cook County residents and based on this fact conscientious citizens believe in remedying problems that may have occurred due to their actions. Not all people, however, are so community-minded. Many instances of litigation arise because individuals fail to take responsibility for the mistakes they make and the harm that arises from those problems.

Incidents that result in personal injuries are common events that necessitate legal intervention in order to protect the rights of harmed victims. In the medical malpractice field, people who are hurt and made sick by the actions of the health care providers can, in some cases, pursue their damages from those who created their suffering. However, legislation limits just how far a doctor or hospital’s liability extends when a person claims to have incurred damages while under its care.

Prior posts on this blog have examined a medical care provider’s standard of care toward his or her patients. A medical provider must act reasonably and in accordance with what a reasonable practitioner in that field would do given the circumstances of the patient’s condition. When a doctor fulfills his duty and standard of care toward a patient, he may not be liable for a patient’s subsequent harm from the doctor’s care.

Additionally, in some cases medical malpractice claims can be made challenging by the appropriate use of informed consent in the patient’s care. As part of their duties, doctors and medical care providers must keep their patients apprised of the treatment options available to them. This passage of information generally must also include the risks a patient may endure if he undergoes a particular treatment. If a patient chooses a treatment and them experiences a known harm that he was made aware of, he may not have a strong claim for medical malpractice.

Doctor error, misdiagnosis, and other medical mistakes happen every day in American hospitals. Because of those issues, legal claims of medical malpractice exist for individuals who choose to pursue their rights. However, not every incident of harm that happens under a doctor’s care is malpractice. Individuals who believe that they may have personal injury claims can further explore the requirements of such lawsuits to evaluate their potential cases.


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