Intentional, Accidental, And Negligent: The Three Branches Of Medical Malpractice Law
Medical malpractice law encompasses a lot of things related to medical misdeeds. You could easily split this branch of law into three smaller branches. Here are those three smaller branches, and what it means for you should you decide to pursue a medical malpractice lawsuit.
Doctors are never to do harm, it is part of the oath they take when they become full-fledged doctors. Yet, there is always a bad apple in the bunch, someone with a very narcissistic view of him- or herself. That is the type of doctor that could, and would, intentionally harm a patient. If you went into or came out of surgery worse than if the doctor had not treated you, you may have a case for intentional harm. However, you will have to prove it.
Doctors screw up; they are human, too. If your doctor accidentally left an object in your abdomen or chest, nicked an artery he/she did not expect to find and caused you to go into cardiac arrest or shock on the operating room table, or some other unfortunate accident, you can still sue for medical malpractice. There are also cases where accidental harm is caused when a doctor is under the influence of prescribed medication, illegal use of drugs or medication, or sobering up from a party the night before. In those instances, it almost borders on negligence, which will have to be determined in a court of law.
Negligence, Criminal or Otherwise
Finally, there is negligence. This is when the doctor ignores you, avoids caring for you, refuses to check on your wounds, surgical sites and incisions, etc., and then your health is negatively impacted. There may be a good reason why the doctor did so, but then he/she should have had an attending or other doctor tend to your medical and health needs. If you were completely ignored and suffered, and almost died, that borders on criminal negligence. Criminal negligence in a malpractice case is the most serious of all charges.
Consult a Lawyer
If anything above sounds similar to your case, you need to speak with a lawyer from a place like Shay & Associates right away. Relate your story, and then ask the medical malpractice lawyer if he or she thinks your case falls into any of the above categories. If it does, and your case can be proven, you can and should sue.