The term medical malpractice
signifies improper treatment by a doctor or hospital neglect that results in
injury, damage, or harm. It doesn’t imply any intent or plan to do any
harm, but merely a medical error that hurts someone and slows or prevents the
healing process and Gastonia, NC medical malpractice lawyers such as J. Boyce
Garland are well studied up on this law.
Standard of Care
In some states the improper medical treatment is termed a
violation of “prevailing professional standard of care.” Statutes define this
standard as level of skill, treatment, and care, which in view of every
pertinent surrounding circumstance, is acknowledged as appropriate and
acceptable by similar health care providers who are reasonably prudent. Medical
malpractice is applicable to all kinds of physicians, specialists, nurses, and
hospitals.
All medical
malpractice cases consist of various factors that must prevail in order to
create a basis for any malpractice claim
and hospital neglect. Some of the basic elements are breach, duty,
causation, as well as damages. Only then will a Central or Charlotte area North
Carolina medical malpractice attorney establish each one in order to be successful
in a lawsuit. There is not a better legal professional in this area of law
and area of the country than J. Boyce Garland as well.
What is Duty?
Duty denotes that
a doctor owes a patient a duty to perform appropriately and reasonably, and
that he/she is responsible for making available some kind of treatment for the
patient. This requirement is met when there is a doctor-patient
relationship. Duty means the duty to perform within the confines of the
“standard of care”, meaning appropriate and reasonable care.
What is Breach?
When a physician
breaches his/her duty towards the patient, it is a deviation from this standard
of care. The doctor is responsible for offering reasonable care as well as
treatment to a patient, and the breach denotes that he/she failed in his duty.
The same applies in the case of hospital neglect where the hospital can be held
liable for breach of duty or in the case of nursing home abuse.
What is
Causation?
Causation implies
that the physician’s breach of the standard of care either contributed to or
caused some harm or injury to his/her patient or death.
What are
Damages?
Damages signify
that a person sustained harm due to a doctor’s mistake. However, if a doctor
made a medical error and it did not cause any harm to his/her patient, no claim
for damages can be made. For the most part, damages are classified as economic,
non-economic, and punitive damages.
Apart from these
basic elements, there are a few other factors that can also be considered medical
malpractice which will involve the filing of the necessary paperwork by
Gastonia, NC medical malpractice lawyers and J. Boyce Garland will know exactly
on how to go about doing this.
Errors in Diagnosis
Errors in diagnosis implies failure of the timely
diagnosis of conditions such as heart disease and/or cancer and the failure to
diagnose what is known as developing conditions. There are times when patients
visit their physician with clear signs and symptoms of any disease process, and
the physician is unable to consider these comprehensively in order to arrive at
a diagnosis. This is when doctors get into trouble since how were these
symptoms missed?
Medication Errors
Medication errors are most common dosage
errors and the really critical of these are decimal point errors. If a pharmacy
or nurse reads “1.0” as “10”, the patient will get 10 times the prescribed dose
which can be lethal. A lot of injuries and deaths in hospitals today are caused
by medications errors.
If you or a loved one is a victim of
hospital neglect or a doctor’s negligence, the first step is to meet a Central
or Gastonia, North Carolina medical malpractice lawyer to evaluate your case
and the potential compensation you may or most likely deserve. You can do so by
calling up J. Boyce Garland (http://jboyceattorney.com/)
who is a dedicated legal professional and know this part of the law. You pay
him nothing up front and he keeps you informed along the way. He only takes a
percentage of the final settlement. So really, he is not paid until you are
paid!
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