New Hampshire Malpractice Defined
New Hampshire law defines malpractice as an act of negligence by a doctor or other health care professional that results in injury or other harm to the patient. Certain criteria must be met for the error and resulting injury to be considered a legal act of 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.
Was the doctor under a Duty of Care?
For the patient to claim medical malpractice, they must first prove that the attending health care provider had a duty to treat or provide care for them. When an individual seeks treatment at a hospital, clinic, doctor’s office or emergency room, typically, the medical professional in attendance is required to provide them with adequate treatment.
Did the doctor Breach that Duty of Care?
Once it has been established that the medical professional in question did, in fact, have a duty of care to the patient, the next step is to prove that said duty was breached in some way. If a patient sought care and was exhibiting certain symptoms, but the doctor who examined him did not run all the proper tests to aid in diagnosing the problem, then the doctor has breached his duty of care to the patient.
Did the Breach Cause Injury or Harm to the Patient?
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.
If the answer to all three of these questions is yes, then the patient may have a legitimate case of New Hampshire malpractice. In this situation, the next step is to contact an experienced medical attorney to evaluate the case. The laws regulating malpractice can be complex and confusing. An attorney with experienced with malpractice lawsuits in New Hampshire can guide and assist the victim in moving through the legal process.
There are many situations that may lead to a malpractice claim. The most common types of malpractice are those involving medication mistakes, failure to diagnose or a misdiagnosis, failure to treat in a timely manner or provide adequate treatment, mistakes during surgery and wrongful death. There are many other situations besides these so if a patient believes they have been harmed by malpractice it is important to contact a New Hampshire malpractice lawyer to discuss the claim.