Malpractice Law

There are many laws in our country that exist for our protection. When one of the laws has been found to be broken or misused there are lawyers who will protect the rights of the people involved. These lawyers and the court of law are going to determine how the law was broken and if monetary compensation is warranted. In order to understand the different laws you have to study them. Malpractice law is one of the most notable laws available. It is often referred to as medical malpractice. Malpractice law occurs when a person acts in a negligent manner when taking care of a problem. Malpractice can be the misuse of something, but more importantly it is usually medical malpractice that we are speaking about in regards to a medical condition.

When malpractice law is broken the medical practitioner fails to due their job in some way. If can be a failure to diagnose, a misdiagnosis of disease or condition, a failure to treat the condition appropriately or an unreasonable delay in treatment. For malpractice law you will need a lawyer that is well versed in the area. Most often the hospitals or medical personal have money to make the malpractice suit go away. What I mean is in the case of hospitals they would rather settle out of court to have the suit brought against them dropped rather than spend the court costs in most cases. This is beneficial to those who do not have a long wait time for the malpractice law suit to be settled.

When informed consent has been given to the patient for a procedure there is little room for argument in malpractice law. When the consent has not been given and the procedure is undergone anyway with a result in harm them the patient has a malpractice law suit. In other words if a patient is not told a procedure can result in paralysis or the information is not provided before surgery the person has a malpractice suit when harm occurs. In cases where the medical doctor erred in the procedure either causing death or harm a malpractice law suit can be brought against the doctors and hospital. If medical error occurred without harm than a malpractice law suit will not form.

An example of this comes from a misdiagnoses. Say a person was misdiagnosed for an ulcer and the doctor did a surgical procedure and found it was not an ulcer but an appendicitis the patient would not have cause for a malpractice law suit. The doctor fixed the problem without causing harm. If instead the person had been diagnosed with heartburn and the problem was actually the gallbladder, which ruptured before the problem was determined the patient would have a malpractice law suit.

To determine if you have a malpractice law suit you will need to speak with an attorney. They will need to study the case, speak with the individuals involved and then determine the course of action. They can often help you settle out of court if you have a strong case and the right lawyer.

Jim Power is writer for the legal website about Malpractice Law more information can be found at