Information Regarding Medical Malpractice Laws

by Penny Cooper on September 27, 2012

Medical laws are established to protect the interests of patients, doctors and hospitals alike. It is important for all medical institutions to abide by these laws, as failure to do so will result in unnecessary trouble. Hospitals and other medical organisations must ensure the use of proper equipment and must also have all the facilities to cater to patients. Medical laws also expect institutions to safeguard the health of their employees. Individuals may file a lawsuit if there are any accidents or damages caused due to negligence of the laws. It is vital that the health and safety of all individuals within a hospital’s premises is secure.

When a healthcare provider is negligent in the performance of a job, the term ‘medical malpractice’ comes into play. A professional practitioner can also be charged with medical malpractice if he/she fails to act in timely fashion. Thousands of injuries can be caused when a medical procedure is being carried out. Some of these injuries even result in the death of patients. Termed as an epidemic, malpractice has established itself as one of the most serious concerns in medical institutions all over the world.

Functions of these laws

Offering protection to patients is one of the main aims of medical malpractice laws. When healthcare providers such as doctors become victims of malpractice, these laws serve as legal options to them. The functions of some of these laws include:

  • Allowing the patients who are injured the opportunity to hold the culprit liable.

  • Allowing injured people to seek compensation in the form of money for their medical bills, mental anguish and lost wages.

  • Serving as a warning to professional medical practitioners.

These laws are different in every state, so it is very important to consult a medical attorney before you take action against the responsible party(s). Medical attorneys are familiar with these laws. They also have plenty of experience in related cases. Since malpractice-related lawsuits are costly, complex and difficult to litigate, medical attorneys have it all to fight your case for you.

What do these laws cover?

Medical malpractice laws are put into place so as to ensure that practitioners are not negligent while treating patients. Some of the negligent acts that these laws cover are:

  • Improper diagnosis of illness or medical conditions.

  • Improper treatment of an illness or condition in timely fashion.

  • Failure to provide informed consent before a medical procedure.

  • Improper responses to fetal distress.

Apart from these major negligent acts, medical malpractice laws also cover other acts such as surgical errors, mistakes in prescription of medicines, test results being wrongly diagnosed, etc. Any error cause by a practitioner resulting in causing harm or injuries to a patient is covered by these laws. If you want to file a claim, medical malpractice laws require it to be done within a certain time period (usually 2-3 years). An attorney must be contacted immediately if you get the feeling that you’ve been victimised by malpractice.

Penny is an expert associated with Dental Gateway Recruitment an agency connecting dental staff with dental companies. For more information visit

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