Medical Malpractice Explained

There are so many cases that we get to read about where the patient had to suffer because of wrong diagnosis and treatment – things such as a left leg being amputated instead of right leg, or wrong kidney operation, wrong eye operation or being treated for flu when it was something else. The wrong treatment given by a medical practitioner because of his negligence is what we call Medical Malpractice. It could be failure to diagnose the disease, misdiagnosis of a disease, not providing the right treatment, or unreasonable delay in the treatment.

There is a specific medical malpractice law developed in many countries now. The law’s coverage may be different from one country to the other. Anyone providing medical care would come under this; which means even dentists, nurses, therapists and chemists would be included. Even hospitals and clinics would be charged for the mistakes of the employees.

Claims can be made by you incase of the following three things:

* If the medical service provider failed his duty of care as a case of negligence, and for which other providers would have done something else under the same circumstances. Hawaii medical malpractice

* If the wrong treatment had caused you loss or damage; be it physical, mental or monetary loss.

* If it is reasonable to hold the provider guilty, then he has to pay for the harm or damages caused by the wrong treatment.

Medical Malpractice Insurance

Most medical providers now have malpractice insurance. This way they are covered from any liability claims made by the patient. The cost of this insurance has risen after the growing number of claims made, and moreover, the reduced supply of the insurance coverage led to the loss of the insurers. Usually the attorney of the patient makes the claims, and if the damages can be agreed, then the damages would be paid by the insurance company which has insured the medical provider. Otherwise, the attorney has to file a case in the court and based on interrogations, discoveries, and documents provided, the case will be settled.


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