Medical Judgment or Medical Malpractice

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Health care professionals have a tough job, one in which they must make serious, sometimes life-changing decisions that have the ability to permanently impact their patients.

Doctors are also humans, meaning they are not perfect. And, unfortunately, when they make an error, the consequences can be huge and long-lasting.

If a doctor has made a decision or a mistake that impacted you negatively, then you should know that you may be entitled to compensation. The key is to determine if the mistake or decision could be legally deemed as “negligence.” If it can be, then you may have a medical malpractice claim on your hands.

The key is to determine if the medical professional in question did something “reasonable,” meaning something another doctor would have done in the same circumstance. If he did, then there is generally not grounds for a medical malpractice cause. The doctor just used his medical judgment.

If, on the other hand, the doctor did act negligently and/or made an unreasonable decision, the patient may be entitled to compensation related to pain, suffering, and more.

Some medical mistakes—many, in fact—are obvious. Overlooking a tumor in a radiology scan. Administering a dangerous dose of a prescription medication. Performing a surgical procedure on the wrong side of a patient’s body. These are medical mistakes that are far too common and yet are also easily avoidable. In some cases, however, determining whether a mistake amounts to negligence is less clear. In particular, in cases where doctors must exercise their medical judgment to rule out a diagnosis or recommend a potentially-risky treatment option, there will often be substantial disagreement over whether an exercise of judgment gone wrong constitutes medical malpractice.

If you or someone you love would like to determine if you have a case and, if so, how to proceed, the first step would be to contact a legal professional in your area, one who is experienced and skilled at handling medical malpractice cases and who can ensure you receive full and fair compensation for the harms and losses you've suffered.