Medical Malpractice or Simple Negligence?

malpractice_landing.jpg A simple malpractice lawyer needs to decide if he wish accept a possible legal case. The potential lawsuit presented to him for take under advisement is as follows: A patient sustained a erratic extension while hospitalized, through no fault of his own. Is the situation a case of actual medical malpractice, or just a case of simple negligence? The details of the case as well as the medical malpractice attorney’s decision are included below. See if you agree with his decision.

A senior age paternal had been hospitalized connective in bed for two days following a moderately hard surgery. Tout Le Monde of the patient’s vital signs were recently stable. The patient had just begun to eat semi solid nosh still had complained regarding mild transient nausea subsequent eating. The treating physician had written orders for the patient to be ambulated on the third day. This was considered to be important for several reasons: to prevent blood clots in the legs and lungs, to prevent pneumonia, muscle weakness, and bedsores. This type of ambulation is considered to be within the standard of care.

On the third day, nursing staff attempted to ancillary the patient with standing up to walk, however, the patient stated that he was dizzy and nauseous, so the first attempt was aborted, the MD was notified and a second attempt was rescheduled. Later that day, the staff returned for another attempt at ambulation. The patient denied any dizziness rather nausea so the nurse proceeded to assist the patient in waking. The patient subsequently fell and broke his ankle. The patient and his family filed a lawsuit with a personal injury attorney who specialized in medical malpractice, claiming simple negligence against the nurse.

After reviewing the facts in the case, the medical malpractice attorney decided that this case would fall under the legal family of medical malpractice, not the category of “simple negligence.” The reasons for his classification are as follows:

The patient’s hospital chart documentation was legible, and detailed. It clearly demonstrated that the decision to harmonize the patient up to walk was correct and safe and well within the standard of care. In order for medical negligence to be proven, there would have to be proof showing that the nurse’s actions were slipshod and a direct cause of the injury.

R. Klettke is a freelance writer. He writes about personal injury and medicant malpractice law besides other matters of jurisprudence.

Note: This matter is not intended to ration juristic politic upon which you should rely in making any decisions regarding the instituting or prosecuting of a liable claim. Laws and rules relating to the bringing about a claim vary widely from state to state. You should always contact a private injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

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