What Amounts to Medical Marijuana Malpractice?
Medical professionals and the facilities where they work have a duty to protect and care for patients. But, unfortunately, there are times when lapses in care and judgment occur that negatively impact the people they have sworn an oath to help and protect. Medical Marijuana Attorneys Montana will help protect you from any malpractice.
Medical Marijuana malpractice, much like personal injury, must have an element of negligence to qualify. The act that causes harm may be intentional, such as giving the wrong dose of medication without consulting a chart. However, the injury may also be caused by a medical provider’s inaction, such as in the case of bedsores on an aging person. Discover the four elements of negligence that must be proven in a medical malpractice case by a medical marijuana attorney in Montana.
A Duty To Care for Someone
Not all medical professionals have the duty to care for others. For malpractice to exist, the doctor or medical provider must have an established relationship with the patient. Unless this exists, a provider may not necessarily be negligent. However, if there is a relationship between a primary care physician and a patient of five years, then malpractice may apply. In this kind of relationship, the provider has the duty to care for the patient with the same diligence and care that another provider with the same relationship would.
A Failure To Care for a Patient
The next element in malpractice is showing how the provider failed to provide the proper care for the patient. This dereliction is most commonly referred to as a breach of duty. Proving this element is one of the most difficult obstacles to a successful medical malpractice suit because the patient must show that the provider acted recklessly or failed to act properly. Often, other medical personnel in similar roles are called upon to testify on behalf of the patient to demonstrate why or how the practitioner was reckless.
The Error Caused the Harm
Once the breach in care obstacle is clear, how it injured the patient must be shown. This can typically be shown through medical records and subsequent exams by other medical professionals. An example of this would be to show how a doctor’s failure to chart patient allergies resulted in the dispensing of a medication that led to a violent reaction. Medical marijuana attorneys Montana at Silverman Law Office, PLLC can give you more examples on how a breach in care can be shown and how it injured the patient.
The Patient Suffered
Finally, the patient must show how they suffered as a result of the negligence. This can be done by medical records documenting the patient’s treatment because of the illness or injury. It can also be done via mental health records showing the emotional toll the damage took.
Medical malpractice is a serious charge and for good cause. With so many lives at stake, practitioners must do what they can to help and not harm.
Contact Our Medical Marijuana Attorneys in Montana Today
We want to help you in your case. Call our medical marijuana attorneys at Silverman Law Office, PLLC today to schedule a consultation in our Montana office.