When illness or injury forces you to see a physician or go to the hospital, you can generally be assured that a medical professional’s years of experience and training will result in excellent treatment. But in truth, medical care providers are only human, and errors are always possible. Medical malpractice occurs when a negligent act or omission by a doctor, nurse or other medical professional results in damage or harm to a patient.
Negligence by a medical professional can include an error in diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a legal case for medical malpractice can arise against:
- The doctor, if his or her actions deviated from generally accepted standards of practice;
- The hospital for improper care or inadequate training, such as problems with medications or sanitation;
- Local, state or federal agencies that operate hospital facilities.
Medical malpractice laws are not necessarily designed to protect patients' rights to pursue compensation if they are injured as a result of negligence. In Idaho, there are several statutory requirements that a plaintiff must fulfill in order to even have his or her case heard by a jury that are not required in other negligence cases. Medical malpractice suits are complex, costly and can be quite difficult to win. If you believe you have been injured as a result of a physician, nurse, hospital or other medical care provider it is essential that you consult with an attorney experienced in this area who can help you analyze your options.
