Understanding New Hampshire Malpractice
New Hampshire malpractice is defined as an error or negligent action performed by a medical professional that caused injury or harm to the patient. Not every error is considered malpractice, however, and certain criteria must be met for the damages to be considered a result of medical malpractice.
If a patient feels that he or she has been a victim of New Hampshire malpractice, they must first determine if their situation meets the criteria required for the case to be legitimate. This criteria is made up of three parts.
Did the doctor have a Duty of Care?
In order for someone to claim legitimate medical malpractice, they must first be able to establish that the medical professional from which they sought treatment had the duty to provide them with a certain level of care. For the most part, if a patient goes to their local doctor’s office or emergency room, the physicians on hand are required to provide them with adequate treatment. Because of this, duty of care is usually the easiest element to prove.
Was the Duty of Care Breached?
Assuming it has been established that the doctor in question was, in fact, under a duty of care to the patient, it must then be proven that said duty was not met. A patient who goes to the emergency room complaining of specific symptoms should be thoroughly examined and all appropriate tests be run to help determine a proper diagnosis. If the attending physician fails to take the time and thoroughness that he should with the patient, but instead sends him home with a quick, simple (and incorrect) diagnosis, the doctor likely breached his duty of care.
Was the Patient Injured or Harmed by this Breach?
Without this element of resulting harm there is no malpractice case in New Hampshire. If a health care professional has not taken the time to run the necessary tests but the patient is not harmed then there is no malpractice case. If the patient is actually suffering from a disease and the lack of testing and misdiagnosis results in the disease progressing further than it would have with the appropriate treatment, then the patient may have a legitimate malpractice claim against the praticiioner.
A patient who can answer yes to all three of these questions may very well be a victim of malpractice, but the best way to tell is to consult with a qualified medical lawyer. Malpractice laws and regulations are complex and can be very confusing so its important to work with someone who is experienced with these types of cases and is intimately acquainted with New Hampshire malpractice law.
Some of the more common types of malpractice typically involve medication errors, failed or misdiagnosis, failure to provide adequate treatment, delay in treatment, surgical errors and wrongful death, however there are many other scenarios in which a medical error can result in malpractice. Anyone who feels they have been a victim should contact a New Hampshire malpractice lawyer today to discuss their rights.
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