The notion of medical malpractice is quite complex to comprehend, especially for those individuals who are not associated with the medical field. An individual outside of the medical world might find it hard to decipher the different terms used during a medical malpractice case. Due to this reason, for the vast majority of medical malpractice suits and claims, a medical expert will be needed. A medical expert is an individual who is experienced in the field of the medical professional that is being sued.
The medical expert will help the jury and judge comprehend the terminology that is being used in order to provide a reasonable judgment. Without a medical expert, the quality of a case would lack strength. Furthermore, almost every state requires that a plaintiff has a medical expert present to testify and provide assistance in comprehending the medical terms. Medical malpractice lawyers must study the terminology associated with the medical field in order to better assist their clients. If a lawyer lacks the knowledge of medical malpractice terminology, their percentage of success would not be as high as another lawyer that is acquainted with terms associated with medical malpractice.
When a plaintiff sets out a claim for medical malpractice, they will be faced with various intricacies, which is why learning, understanding, and using these terminologies in a medical malpractice case can help guide the plaintiff through it all. The more the plaintiff knows, the better off they will be in the long run when faced with legal conversations involving medical terms.
Terminology Used in a Medical Malpractice
Below will be listed some common terms used when a medical malpractice case takes place:
- Medical Negligence: Medical negligence is the basis of a medical malpractice lawsuit. A medical professional must have exhibited some form of negligence whether through an action or inaction that led to the injury of a patient. Some examples of negligence include not reading a patient’s medical history, failing to recognize a medical condition, or administering too much anesthesia.
- Malpractice: When the duty towards a patient is not executed properly, a medical professional can commit a malpractice.
- Informed Consent: Informed consent is a required process by every doctor that is going to perform a procedure or treatment on a patient. The physician must make the patient understand the possible complications, the risk associated with the procedure, and other actions that can be taken instead of their current . From there, the patient can decide whether they would like to proceed or not.
- Duty of Care: This is the obligation that every medical professional has towards their patients. The medical professional must provide their patients with the same care that another similar doctor would have given.
- Standard of Care: The standard of care is composed of the prudence, attention, care, caution, and watchfulness that was executed by a medical professional that a reasonable person would have executed under the same situation. Would another doctor have done the same thing, given the same circumstance?
Percy Martinez Law Firm in Tampa, Orlando & Miami, FL
Medical malpractice is composed of various terms that might not seem understandable to an individual that is not associated with the medical field or legal field. The firm of Percy Martinez and his team of errors in the personal injury law practice are ready to answer any concerns or questions regarding medical malpractice. The firm will defend the rights of victims and reach for maximum compensation.
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