When a patient approaches a doctor, he does so with the aim of receiving a diagnosis or treatment from someone who is a medical professional, thus entrusting his health and life to all the knowledge and experience of the doctor. In accordance with this, we could say that the doctor-patient relationship becomes a type of contract, since the health professional is expected to fulfill certain duties towards his patient. At the moment in which a breach of these occurs that puts the life of the patient at risk, then a Medical negligence.
What is medical malpractice?
Medical malpractice occurs when a doctor, nurse, surgeon, dentist, or other medical professional performs malpractice on a patient and the patient is left with physical and/or moral damages.
For example, when a doctor gives a misdiagnosis to a patient knowing that he could put his life at risk, this is considered negligence. Likewise, when a medical doctor does not meet all the standards that he should have to treat patients and still does, this fact can also be categorized as medical negligence.
What are the most common medical negligence?
Unfortunately, there is a long list of medical negligence, among the most common we can mention the following:
Medical malpractice for hospital infection occurs when a patient acquires an undiagnosed infection while in a hospital or clinic. This happens because the facilities and equipment of the center are not suitable and also do not comply with the necessary hygiene and asepsis measures. The most common scenarios that give rise to nosocomial infections are the following: Incorrect use of vials that lead to the spread of various infections. Incorrect application of cleaning and disinfection protocols. Inadequate use of biosafety equipment, exposing the patient to multiple infections.
negligence in childbirth
This type of negligence takes place when the health professional performs malpractice both before, during and after childbirth that endanger the lives of mother and babysuch as: Poor prenatal care. Excessive force to remove the baby. Not recognizing when a baby is in pain.
Errors in surgical procedures
Medical malpractice due to surgical errors can occur both at the time of the intervention and in the postoperative process. Some examples of this malpractice are the following: Operating on the wrong part of the body.Performing surgery on a patient who does not need it.Leaving gauze pads or surgical tools inside the patient’s body.Failure to identify when a patient is having an allergic reaction to anesthesia. Non-compliance with surgical techniques before, during and after surgery.
Error in prescribed medications
This error is very serious, since it could cause serious damage to the health of a patient, in fact, in the worst case, it could lead him to death. Here are some examples: Prescribing a drug for an undiagnosed condition Prescribing the wrong dose Failing to recognize when a drug causes an allergic reaction
Lack of patient treatment
This occurs when the doctor violates standards of care to the patient. Most of the time it happens when a doctor has more patients than he can handle, so he doesn’t provide adequate care. Some examples of this type of negligence are the following: Discharging a patient before the indicated time. When the patient does not receive instructions on how to continue her care. Does not consider the medical history of a patient before indicating treatment.
How to act in case of having suffered a medical negligence?
If you are going through a bad time due to a medical malpractice, the most advisable thing is that you go to a good medical negligence lawyer in Madrid so that he can help you to resolve your case satisfactorily. This legal professional will be in charge of investigating all the circumstances related to the event and will help you recover from both physical and emotional damages.
Procedure for reporting medical negligence
Gather documentation Accompanied by your lawyer, you should go to the health center where the negligence occurred to request all the documentation and information related to your case. Report of the medical expert The report of a medical expert is essential to be able to continue with your case, since this professional will be in charge of verifying if the negligence has taken place and how and why it has happened. The lawsuit Medical malpractice cases can be sued criminally or civilly. Your specialized lawyer will advise you to continue with the claim through civil proceedings, since in this way it is possible to claim financial compensation that will help the patient and his family to move forward. Sentencing and compensation After the lawsuit, a trial will take place in which a sentence will be issued. If negligence is proven, compensation will be established to be paid by the insurer of the health center. The amount of compensation will be proportional to the damages suffered by the patient. Therefore, to ensure that you receive the fair amount, it is essential to have the best medical negligence lawyer in Madrid, who is a specialist in this type of case.