If you have been injured while receiving medical treatment, you may wonder what is considered medical malpractice. Medical malpractice can include doctor errors, medical mistakes, medication errors, misdiagnosis, failure to diagnose and wrong-site surgery, among other medical professional negligence. Doctors, nurses, hospitals and other medical staff may all be liable for medical malpractice.
A failure to diagnose can be especially harmful and can result in a worsened condition or even death. In addition to a failure to diagnose, the victim may be incorrectly diagnosed which can, of course, be equally harmful. A significant amount of trust is placed in medical professionals which is why when they provide care below the standard of care expected in similar circumstances, they may be held accountable for the harm they cause.
When a delayed diagnosis, misdiagnosis or failure to diagnose has resulted in a worsened condition, the victims or victim's family may be able to recover compensation for the physical, financial and emotional damages they suffer as a result. Medical malpractice claims can be complex and the circumstances surrounding them can be overwhelming for victims and their families. Victims of medical malpractice can be in a vulnerable position, making it important for them to be familiar with the legal resources available to them when they have been harmed.
Victims and their families may be able to recover compensation for damages through a personal injury or wrongful death claim for damages, depending on the circumstances. It is useful for victims of medical malpractice to understand how to respond when harmed while receiving medical care and treatment.
Source: Injury.findlaw.com, "Failed/Erroneous Diagnosis and Treatment," Accessed Dec. 22, 2016