Relation Between Error In Treatment And The Legal Liability Of Medical Professional


‘Standard of care’ defines the base for defining the course of treatment which if not followed, may be considered as medical malpractice. Standard of care is the level of care and treatment offered by any other professional with similar competency, qualification, and specialization if he was in a similar situation. Further, it has to be proved how the treatment is given below the ‘standard of care,’ and how a sub-standard medical error case injury or harm or even death to the patient. If the relation is efficiently established then, it can become a strong base for filing a lawsuit. To review the judgment given in similar cases, you can visit, to understand what to expect out of such legal fights.

Once an ailment of a medical situation is diagnosed, doctors are expected to use their medical knowledge, experience, and current medical protocol standards to render the treatment. If necessary taking an opinion of another doctor should also be considered. If they fail to follow this mentioned course of action or is found using outdated and unsafe treatment process, it is regarded as a breach of their legal responsibility towards the patient and the medical organization.

Some of the common malpractices during the treatment may include:

• Poor standard of emergency and trauma care offered after an accident. Initial few minutes of first aid and examination play a vital role to decide the course of treatment.
• Giving Anesthesia is a very tricky procedure. In case of an emergency surgery, improper level of anesthesia given without consultation to an anesthetist can prove to be fatal at times.
• Failure to read the vital of the newborn baby during the delivery process or loopholes in the post-natal care given to the baby which may cause medical complications.
• Surgical disasters like amputation of a wrong body part due to negligence, leaving any surgical instrument inside the body of the patient carelessly, causing excess bleeding due to mistakenly cutting off the wrong nerve, etc.
• Keeping the patient or their family completely informed about the course of treatment, the potential risk involved and success rate of any surgery to be performed. Also called as ‘duty of informed consent,’ maybe a savior for them in case any lawsuit is filed against them.
• Post-operational care like the causing injury while transporting the patient, untreated bed sores due to ignorance of the medical staff like nurses and ward boy. Maintaining a low standard of hygiene in intensive care and general wards or use of substandard medical instruments and medication.
• Use of medication even after knowing the risk of allergic reactions it may cause to the patient. Non- availability of vital medications and instruments like oxygen cylinders in the medical premises can also be considered as malpractice.

List of the damages which can be claimed to be recovered in a lawsuit of medical malpractice are:

1. Medical bills: The excess medical bills generated purely due to malpractices of the medical organization, professional or the staff.
2. Lost earning: The earning which is lost due to prolonged stay of a patient in the hospital or other critical medical situation resulted from a negligence of the medical staff. Practices which have caused a permanent harm which would lead to the inability to perform a job after that.
3. Pain and suffering: The amount of monetary value of such pain and suffering may not be determined, but the responsible person or organization should be punished appropriately for the same.