Why You Must Understand Medical Malpractice Law

By Jon Arnold
If you think you may have grounds for a malpractice lawsuit, it stands to reason you should know a little about medical malpractice law. Knowing the basics will help you determine whether or not you do actually have grounds to sue and a reasonable chance of success.

First of all, you must know what medical malpractice is. Let's say that your doctor has diagnosed you with a certain skin disease based upon your symptoms and your medical history. He prescribed treatment and medication. Following the treatment, your symptoms became worse and your discomfort increased considerably. There was some "breaking out" which resulted in serious scarring. Could this be an example of medical malpractice?

Here is an instance where malpractice law comes to light. Under certain circumstances, there could be grounds for a lawsuit. If you can prove that the treatment and medication was prescribed and administered to you either in direct contradiction of the usual and customary course of care for this disease or in contradiction of your medical history, then it could be the basis for a medical malpractice law violation. If, however, the treatment was common to your disease and the medication prescribed was not unusual or one you had not listed as being unable to tolerate, then there probably are no grounds to file a claim under medical malpractice law. In other words, if the results of a prescribed treatment simply do not turn out favorably, it is not necessarily a reason for a malpractice lawsuit. There are no guarantees of success in the medical world. Medical malpractice is when a patient is caused harm, injury, or death due to failure by a medical professional to provide suitable care or through their negligence.

A common misconception regarding malpractice law often involves the medical waiver that you are asked to sign upon admittance to a hospital. Have you always thought that signing it negates your right to pursue a medical malpractice claim? Many people believe this, but it is not true. Generally, the waiver or consent form states that you agree to have a treatment or medical procedure performed and have been informed by the doctor as to why it is necessary, what options you have, possible risks, and that you have been given the opportunity to discuss and ask questions before signing the form.

Understanding medical malpractice law is very important since you will have to prove malpractice should you sue. You will need to keep records and have substantial evidence to support your claim. Your case may end up in court. Very often, though, to escape negative publicity, malpractice cases are settled before they get that far.