Medical Malpractice Lawyer Outer Banks
Medical malpractice refers to professional negligence by a healthcare provider that results in harm to a patient. This legal concept holds healthcare professionals accountable for failing to provide treatment that meets accepted medical standards, leading to injury, illness, or worsening of a patient’s condition.
If you or a loved one has been a victim of medical malpractice, it is important to have a skilled Outer Banks medical malpractice attorney from Shapiro, Washburn & Sharp standing up for you against the at-fault healthcare provider and their army of attorneys.
What Defines Medical Malpractice?
Instances of medical malpractice can vary widely, from surgical errors and misdiagnosis to medication mistakes and birth injuries. To establish a case of medical malpractice, several key elements must typically be proven:
- There must be a duty of care owed by the healthcare provider to the patient. This duty is established when a doctor-patient relationship is formed, wherein the healthcare professional is expected to provide competent treatment according to accepted medical standards.
- There must be a breach of that duty. This occurs when the healthcare provider deviates from the accepted standard of care, whether through negligence, omission, or error.
- The breach of duty must directly cause harm to the patient. It must be demonstrated that the healthcare provider’s actions or lack thereof directly led to the patient’s injury, illness, or worsening condition.
- There must be measurable damages resulting from the harm caused. These damages can include physical pain, emotional suffering, additional medical expenses, loss of income, and more.
Medical malpractice is a serious concern in healthcare, as it can have life-altering consequences for patients. When we discuss who can commit medical malpractice, it’s essential to understand that it involves a range of healthcare professionals and institutions. In essence, anyone involved in a patient’s care who breaches the standard of care can potentially commit medical malpractice.
In practical terms, this means that any medical professional who diagnoses, treats, or cares for a patient in a hospital or nursing home can potentially be held liable for medical malpractice. The facilities where patients seek care can also be found liable for malpractice when a provider’s negligence or recklessness results from insufficient policy guidance, training, or supervision.
The following is a list of various parties that can be held accountable for medical malpractice.
Physicians and Surgeons
Doctors, including general practitioners, specialists, and surgeons, are perhaps the most commonly associated professionals with medical malpractice cases. Medical malpractice by physicians can include misdiagnosis, surgical errors, medication errors, failure to obtain informed consent, and negligent treatment decisions.
Nurses
Nurses play a vital role in patient care but can also be subject to medical malpractice claims. Examples of nurse-related malpractice include administering the wrong medication or incorrect dosage, failing to monitor a patient’s condition, and not following established protocols.
Anesthesiologists
Anesthesiologists administer anesthesia during surgery. Errors related to anesthesia can be particularly dangerous. They may include administering the wrong type or dosage of anesthesia, failing to monitor the patient’s vital signs, or improperly intubating the patient.
Pharmacists
Pharmacists can commit malpractice when dispensing a patient the wrong medication or the incorrect dosage. This can lead to adverse drug reactions, allergic reactions, or other serious health complications.
Dentists
Dental malpractice can occur when dentists fail to meet the standard of care during dental procedures. Issues such as incorrect extractions, improper anesthesia administration, or inadequate equipment sterilization can lead to infections.
Hospitals and Healthcare Facilities
Hospitals and healthcare facilities can be held liable for medical malpractice under vicarious liability. This means that if a healthcare provider, such as a doctor or nurse, commits malpractice while working within a hospital or healthcare institution, the institution can also be held accountable for the negligence, particularly if they failed to provide adequate supervision or maintain proper protocols.
Medical Residents and Interns
In teaching hospitals, medical residents and interns are often involved in patient care under the supervision of attending physicians. If these trainees make errors or fail to provide the expected standard of care, they and their supervising physicians can be liable for medical malpractice.
Radiologists
Radiologists interpret medical images such as X-rays, MRIs, and CT scans. Errors in their interpretations can result in delayed or incorrect diagnoses, which can lead to serious harm or even death.
Midwives
Midwives are responsible for providing prenatal care and assisting with childbirth. If they fail to provide appropriate care during pregnancy or labor, resulting in harm to the mother or baby, they can be held liable for medical malpractice.
Chiropractors, Physical Therapists, and Alternative Medicine Practitioners
Even practitioners in alternative medicine and non-traditional healthcare fields can be subject to medical malpractice claims. This may include chiropractors, physical therapists, acupuncturists, and others. Malpractice in these contexts can involve improper treatment techniques, lack of informed consent, or negligence in patient care.
How Can a Consultation with an OBX Malpractice Attorney Help?
Navigating North Carolina’s medical malpractice process requires legal expertise, thorough investigation, and skilled negotiation. If you believe you have a medical malpractice claim, it’s essential to consult with an experienced Outer Banks medical malpractice attorney who can guide you through the process, protect your rights, and advocate on your behalf to seek the compensation you deserve for your injuries and losses. Contact Shapiro, Washburn & Sharp for a free and confidential case evaluation and find out what legal recourse you may have.
Our personal injury firm has been advocating for injured victims for four decades. Our success is evident in the more than $100 million in settlements and verdicts we have obtained for our clients.