In personal injury law, “medical malpractice” is the term used to describe negligence committed by a health care provider. This includes doctors, nurses, dentists, hospitals, or hospital workers whose performance of their duties departs from the accepted standard of care for those with similar training and experience and which proximately causes harm to the patient. The standard of medical care may vary from state to state and from one georgraphical medical community to another.
Since health care providers are not guarantors of successful outcomes, a patient’s malpractice claim will not be held valid simply because his or her treatment was not successful. Instances of malpractice might include misdiagnosing an injury or illness, the failure to run routine tests, failing to prescribe the correct drug for the patient’s condition and/or the failure to refer the patient to the appropriate medical specialist.
Each state has their own statute of limitations which specifies the amount of time within which a claim must be filed. If you think that you are the victim of medical malpractice, you should consult a personal injury lawyer that has deep experience in medical malpractice actions.
Reporting Your Doctor To The Medical Board
Not only do you have the right to file a lawsuit against your doctor, you can also report your complaints to the state medical board. Most medical boards take patient complaints quite seriously, especially if the doctor has a history of malpractice with the medical board.
The medial board has a affirmative duty to investigate your claims and the doctor has a affirmative duty to fully cooperate and respond to the medical board, including but not limited to, providing the answers and documentation required to complete the board’s investigative process.
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