Which Type of Surgical Errors Constitute Medical Malpractice (and When You Should Sue!)

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When it comes to medical malpractice – any of us can fall foul. When the worst happens it is important to be prepared. Being proactive is actually one of the best ways to stop medical malpractice happening to you.

With that in mind, we put together this list of the types of surgical errors that are regarded as falling into the realms of medical malpractice. Hopefully, this will help you to take the leap and seek remuneration when something goes wrong. So what sorts of errors mean medical malpractice? Let’s find out!

What Constitutes Medical Malpractice in the USA?

Medical malpractice is an umbrella term we use to describe the results of a bad healthcare professional. If a cafeteria worker does a bad job you get a bad coffee – if a doctor does a bad job you can remain affected for life. Medical malpractice is therefore defined as any medical procedure that has not been completed with due care and attention.[i]

What Constitutes Surgical Medical Malpractice

There are different ways to tell if your case constitutes medical malpractice or not and this is actually made clearer in surgical procedures. If the procedure you are undergoing is likely to cause significant risk of heart failure, stroke, or some other condition, then you will usually sign a release form.

This release form should clearly state what it is that you are willing to agree is ‘acceptable risk’. Any medical malpractice suits will go out-with the limits of acceptable risks. So; if your waver is that the anaesthetic used may cause you to go into cardiac arrest; that same waver won’t cover the surgeon cutting into the wrong area, removing a wrong limb, or doing something else that might be classed as incredibly negligent.

If you suspect that you may be a victim of medical malpractice in the USA then find an attorney. Try searching through this medical malpractice law firm in Miami, FL to find some answers.

The Four D’s of Malpractice

So back in 2014, a group of psychiatrists got together to outline a clearer definition between what does, and what doesn’t, constitute medical malpractice. In their findings, they eventually outlined what they called the ‘four D’s’ of medical malpractice. This remains a good way of telling whether or not you have a case.

The four D’s are as follows:

  1. Duty – has the healthcare professional performed to the full extent of their duties?
  2. Dereliction – did they neglect your care or certain aspects of it, resulting in harm to you?
  3. Damages – if the healthcare professional has caused visible damages (or even just evident damages that you can prove) then you probably have a case.
  4. Direct Cause – if your injuries were the direct cause of a healthcare practitioner’s misdiagnosis, or lack of care, then you have a case.

Asides from the four D’s, there are other signs that you may have a case. If you are in pain as a result of an operation or if your healthcare practitioner repeatedly fails to diagnose your condition, then chances are high that you have a case for medical malpractice. The next step should be to call an attorney and try to get back some of what you are owed.

[i] https://www.abpla.org/what-is-malpractice