What Is Medical Malpractice?

Close-up Photo of a Stethoscope
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Law is meant to protect the citizens of a nation from any impending harm or danger. The constitution of a country embodies the basic spirit and also guarantees justice and protection to all the citizens. Lawyers are the executors of the judicial spirit of the constitution and offer a legal solution to the innocent people who have been wronged. When this injustice happens on part of a reputed medical institution, the consequences can be dire as the lives of the innocents rest in the hands of medical professionals. It is for this reason that the Hawaii medical malpractice legal firm is dedicated to helping out people who have suffered dire consequences owing to negligence on part of the medical staff. 

Decoding medical malpractice 

Medical malpractice is basically when a medical practitioner fails to fulfill his medical responsibility because of which the patient has to suffer physical or mental trauma of varying levels. It can be a birth injury, injury due to medical error, or even death. In such a scenario, birth injury lawyers can help the victims seek justice and proper compensation. Cases involving omission of appropriate action on part of the staff or the doctor, or offering a treatment which is much below the standard level can cause long term physical, mental and emotional damage to the patient and if any of your acquaintances have suffered from any similar situation in the recent times, it would be advisable to consult a personal injury lawyer. Usually, medical professionals rely on medical malpractice insurance to compensate the patients for their mistakes. But with the help of a lawyer, you can easily recover compensation against medical malpractice.

Criteria for medical malpractice 

The basis of medical malpractices, the procedures, and regulations for compensation given to the claimant differs from one country to the other but the following shall encompass the basic criteria for filing a case for medical malpractice-

  • Healthcare standards- for any institution serving as part of the healthcare sector, it is essential to know and maintain the basic standards of healthcare. A hospital receives its license on the basis of the kind of service it offers. If the medical professionals fail to live up to basic standards of healthcare or if the infrastructure of the hospital does not adhere to promised or expected standards, the patient can file a case on grounds of negligence. 
  • Negligence of duty- as a medical professional, it is the duty of the hospital staff to give care to each and every patient. A small responsibility on part of the staff may lead to major consequences on the life of the patient. However, for filing a case on grounds of negligence, the patient must be able to prove that the negligence on part of the staff resulted in some serious damage or harm. 
  • Damages caused due to malpractice- it is important for the claimant to prove that the negligence or malpractice carried out by the medical practitioner has resulted in serious damage to his or her physical and mental health. The following shall be considered as substantial damage for which the patient can claim compensation.
  • Persistent pain in the body due to malpractice
  • Substantial loss of income because of delay in medical procedures
  • Hardships and suffering
  • Temporary or permanent disability 

It must be understood that the patient cannot claim on grounds of dissatisfaction because the court of law shall not entertain the case. It is for this reason that if you are in a state of dilemma regarding the relevant course of action that must be taken, you might consult a lawyer for personal injury. Particularly when it comes to Hawaii, it is essential that you must hire a personal injury lawyer because the law of the country is intricate and therefore you shall be needing the opinion of an expert before heading with the case. Some of the most common malpractices for which one can claim compensation are-

  • Birth injuries
  • Mistakes during surgery
  • Negligence by hospital staff
  • Wrong prescription
  • Over dosage of anaesthesia 
  • Incorrect diagnosis

At our firm, the attorneys shall make sure to hear out your case and offer a logical and most feasible solution to continue with the proceedings. Our team of attorneys is highly competent and suited to handle any situation and will make sure to deliver justice to the clients. 

Thus, health is not a negotiable material but if you are wronged because of another person’s fault, it would be advisable to knock the gates of law for justice. For more information on medical malpractices, contact us at www.cummingslawhawaii.com

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