Negligence in a medical setting takes 2 primary forms; commission and omission. Either type of medical malpractice can cause injury or even death to the patient. Both are grounds for a medical malpractice lawsuit.

Commission is when a medical professional does something that should not have been done; omission is the failure to do something that should have been done.

In this Malpractice Guide article we will take a look at malpractice lawsuits that stem from commission and omission.

The Commission of Medical Malpractice

When a doctor or other medical personnel does something outside of the normal treatment practices for an injury, illness or disease, it might be medical malpractice. It might be an accident. For example, a surgeon might leave an instrument in a patient during surgery. A doctor might prescribe a dose of medication that is too large or the pharmacist might misread it and provide the wrong directions to the nurse or patient. The commission of malpractice takes many, many forms.

When Omission is Medical Malpractice

When medical professionals fail to do what is understood as the normal standard of care for a patient, this could be malpractice. In other words, when the appropriate care, treatment, procedure or medication IS NOT given and the patient is harmed, this is negligence and could be the basis for a lawsuit. When a patient is not turned regularly and develops bedsores, this is malpractice. When a doctor fails to prescribe a medication that should be given, this is malpractice. There are many types of omission that amount to malpractice.

Proving Commission or Omission in Malpractice Cases

The first step would be to contact a proven medical malpractice attorney. They typically offer free case evaluations. If they take your case, they will hire a medical professional, usually a physician, to review all of your medical records. The expert will go over the details and identify where malpractice was the result of something that was done (commission) or was not done (omission). If the malpractice is clear, a malpractice lawsuit will be started on your behalf.

The attorney will then depose the medical professionals involved. This can be done under oath so that their testimony can be used in court. If it is obvious that malpractice has occurred, the malpractice insurance company for the defendant will offer a settlement. You’ll have the option of taking the offer, negotiating a higher settlement or taking the case to court to seek higher damages – while running the risk of not winning anything.

Your malpractice attorney will advise you on whether to take a settlement or go to trial. Both types of medical malpractice – commission and omission – often lead to substantial settlements and awards for victims.