Medical Malpractice happens when a healthcare professional like a physician, nurse, health technician and others cause injuries or death to a patient due to improper or negligent care.
Among them, we can mention lack of diagnosis or erroneous diagnosis, prescription error, surgical errors, abuse in the nursing home, OB-GYN mistakes and others.
Medical malpractice does not occur automatically because the patient has an adverse outcome. In most cases, complications are not considered negligence. Most of the difficult situations are included in the consent form.
A consent form does not free the physician of the responsibility of having been negligent in performing a medical procedure. That excludes exceptional emergency situations where the patient signs a consent form indicating the doctor explained the description of the problem, treatment, and associated risks; and the patient has the chance to ask questions before agreeing to the procedure. The fact that the patient signs consent does not override the right to sue the healthcare professional if the standard of care has not been performed.
Cases usually take from 1 to 3 years. It all depends on many factors such as the number of individuals, entities, or experts involved, schedule and commitment, level of investigation needed, among others. After the trial, if the defeated party decides to appeal the case, the verdict will be prolonged.
There is no guarantee from the medical results. Malpractice doesn’t happen because the patient suffered a bad outcome. Complications may cause undesirable results, but they are not generally considered to be malpractice. Most complications are in the consent form, and these comprise bleeding and infection.
A consent form doesn’t release the doctor who committed the negligence from liability. Except in emergency situations, patients always sign a form that states that they understand the procedure to be performed, the risks involved, and they had the opportunity to ask questions before consenting to the treatment. This consent form doesn’t waive the right the patient has to bring a medical malpractice claim.