The doctor is required to provide “care following the acquired data of science.” He has an obligation of means and not of result, which means that he is not required to cure patients, but to use all means. The mere commission of a medical error is, therefore, not enough to engage the responsibility of a health professional. This medical error must be faulty, i.e., it did not deliver to the patients “attentive care, conscientious in conformity with the acquired data of science.”
There Are Generally 4 Types Of Medical Malpractice:
Medical Malpractice: Wrong Surgical Gesture
It weighs on the doctor an obligation of precision in the realization of the technical gesture. There can be medical malpractice during a medical act for therapeutic purposes (care) or not (cosmetic surgery), provided the performance is faulty. Thus, forgetting a compress in the patient’s abdomen during the operation constitutes medical malpractice.
Medical Malpractice: Error Or Delay In Diagnosis
The medical practitioner who does not prescribe the necessary examinations or carry out the necessary investigations about the patient’s state of health commits a fault and compromises the chances of recovery of this one by his error or delay of diagnosis.
For example, the doctor commits a diagnostic error if he refrains from seeking information relating to the patient’s state of health or if he does not seek the opinion of a more expert colleague when such an opinion is imposed; or even the doctor who does not prescribe an examination which is nevertheless necessary for establishing a diagnosis.
Medical Malpractice: Lack Of Information
The law gave a very broad scope to this obligation to inform, the violation of which does not allow the patient to give informed consent, thereby resulting in medical malpractice on the part of the doctor who fails in his obligation to inform and advise. For example, the doctor commits a fault if he does not inform his patient of the serious and foreseeable risks of intervention, he can be sued by lawyer such as New York Birth Injury Lawyer for example.
Medical Malpractice: Advice From The Lawyer
The victim is usually not in a position to know or prove that a doctor committed a medical error. Recourse to the expertise of a doctor is then necessary, and the supervision of a lawyer is useful. Indeed, the double forensic analysis carried out by an experienced and expert team like Jacob D. Fuchsberg lawyer for example will make it possible to specify the responsibility, evaluate the damage, and establish the best defense strategy to obtain fair compensation.
