5 Key Terms Every Patient Should Know About Medical Malpractice

Posted in Accident & Injury, Health & Wellness, Medical Malpractice on August 2, 2024

When visiting a doctor or hospital, you often encounter forms filled with legal terminology. While most patients recognize that these terms are related to potential medical malpractice issues, few understand their true meaning. In the United States, medical malpractice is one of the leading causes of death and injury, with 1.5 million injuries and nearly 100,000 deaths each year.

Why Understanding Medical Terminology Matters

Understanding the documents you sign is crucial. If you experience medical negligence, the language in these forms becomes significant. To help, here are five key medical malpractice terms every patient should know.

Informed Consent

Getting informed consent means agreeing to a medical treatment after your doctor explains everything to you, like what’s wrong, what your options are, and what might happen. When you give your consent, you’re saying you understand the risks. However, the physician may be liable if you suffer due to an undisclosed risk or medical negligence. Studies have shown that many patients often need help understanding the risks and benefits of the procedures they consent to.

Standard of Care

The standard of care refers to the level of care a reasonably competent physician in the same field would provide under similar circumstances. It acts as the “legal yardstick” in determining if a physician’s actions constitute negligence. In medical malpractice cases, experts talk about the standard of care to see if the doctor did the right things when diagnosing and treating a patient.

Medical Negligence

Medical negligence occurs when a healthcare provider fails to provide appropriate care, violating the standard of care. It can be categorized into:

• Errors of Commission: Actions that should not have been done, such as ordering the wrong test or performing surgery on the wrong body part.
• Errors of Omission: Failures to take necessary actions, like not diagnosing a patient or delaying treatment.

Medical negligence can involve doctors, medical facilities, nursing homes, pharmacies, and nurses—all of whom must adhere to the standard of care.

Medical Malpractice

Medical malpractice is when substandard or negligent care by a healthcare provider causes harm to a patient. To file a claim, a patient must prove:

• A doctor-patient relationship existed
• The doctor was negligent (violated the standard of care)
• The negligence caused harm to the patient
• The patient suffered damages as a result

Damages

Damages refer to the harm a patient suffers due to medical negligence. The goal of a medical malpractice claim is to recover damages, which can include:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Disability
• Disfigurement
• Death

The total annual cost of medical errors in the U.S. is estimated to be between $17 billion and $29 billion, highlighting the financial impact of these issues.

Call Elk + Elk

Medical malpractice injures thousands of people every year in the U.S. While hospitals have established protocols to improve patient safety, medical errors continue to happen. Our medical malpractice attorneys are dedicated to providing victims with superior legal care. Call 1-800-ELK-OHIO or visit us online.