Medical Malpractice: What It Is and How to Make a Claim

Medical malpractice refers to the failure of a healthcare professional to provide appropriate care, which can result in serious harm to patients. Knowing how to identify it and claim compensation is essential to ensure justice and protect your rights.

What is medical malpractice?

This occurs when a doctor, nurse, or other health care professional does not provide the expected level of care in their field, causing harm to the patient. The most common types include:

• Errors in diagnosis or treatment: Misdiagnosis or delay in treatment.
• Surgical errors: Operations on the wrong part of the body or instruments left inside the patient.
• Inappropriate or late treatments: Prescribing inappropriate medications or without taking into account allergies.
• Lack of informed consent: Failure to explain the risks of a procedure to the patient.
• Poor postoperative management: Lack of follow-up after treatment, leading to additional complications.

Not all poor outcomes are medical malpractice; The  harm must be the result of an avoidable error.

How to Identify a Medical Malpractice Case

To determine if negligence has occurred, consider the following factors:

1. Damage: An injury or condition that is aggravated as a result of the error.
2. Cause-and-effect relationship: That the damage is the direct result of the professional’s action or omission.
3. Lack of standard of care: Treatment does not meet what is reasonably expected in the medical profession.

In many cases, obtaining a second medical opinion is necessary to confirm whether negligence has occurred.

What to do if you are the victim of a medical error

1. Seek immediate medical attention: Prioritize your health by seeking medical attention from another professional help to correct the damage.
2. Document the  case : Collect medical reports, diagnoses, prescriptions, and any communication with those in charge. Also, keep physical evidence such as medication or photographs of the injuries.
3. Get a second medical opinion: A report from another specialist can strengthen your case by identifying errors in the initial treatment.
4. Consult a lawyer: An experienced medical malpractice professional will guide you through gathering evidence and filing your claim.

Medical malpractice claims

The claims process includes:

•  Assessing damages: You can apply for compensation for:
  • Medical expenses: Costs of additional and future treatments.
  • Loss of income: If injuries prevent you from working temporarily or permanently.
  • Suffering endured: Compensation for the physical and emotional impact.
• Taking legal action:  This can be against the professional or establishment responsible. In some cases, insurers try to resolve the dispute amicably, but if the offer is insufficient, it is possible to take the case to court.
• Comply with legal deadlines : In many countries, negligence claims have a statute of limitations, which varies by jurisdiction. It is essential to act quickly so as not to lose the right to complain.

When to see a lawyer

If you have evidence of medical malpractice or need advice, a qualified lawyer can help you:

• Gather evidence: including expert reports from independent physicians.
• Negotiation with insurers: To obtain adequate compensation.
• Take the matter to court: If necessary, to ensure that your rights are respected.

Prevention of Medical Malpractice

Although it is not always possible to prevent it, patients can take steps to reduce the risk:

•  Research the professionals: Make sure they are qualified and have good references.
• Ask questions: about treatments, risks and alternatives.
• Seek a second opinion: Especially in complex cases or serious diagnoses.

For their part, health care professionals must meet high standards of care, keep their training up to date, and ensure that appropriate equipment is used.

Conclusion

Medical malpractice can have devastating consequences. Knowing your rights, documenting the case, and seeking legal advice are essential steps in obtaining justice. While the process can be lengthy, it’s essential to ensure that those responsible are held accountable and that you receive the compensation you deserve. At BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.