Medical malpractice is a legal cause of action that arises when a medical or health care professional violates professional standards by a negligent act or omission, injuring a patient. Errors in diagnosis, treatment, aftercare, or health management could be the cause of the carelessness.

The definition of medical malpractice

When a hospital, doctor, or other healthcare provider negligently harms a patient, this is referred to as medical malpractice. Errors in diagnosis, treatment, aftercare, or health management may be the cause of the carelessness.

The following elements must be included in the claim for it to qualify as medical malpractice in legal terms:medical malpractice

A breach of the standard of care – According to the law, there are specific medical standards that, in like or comparable situations, are considered acceptable medical care when provided by reasonably prudent healthcare practitioners. The standard of care is understood to be this. A patient has the right to anticipate receiving care that adheres to these standards from medical professionals. Negligence may be shown if it is found that the standard of care was not met.

The carelessness resulted in an injury. – A health care provider’s simple violation of the standard of care is insufficient to support a medical malpractice claim. Additionally, the injured party must demonstrate that their harm would not have materialized in the absence of negligence. A negative outcome by itself does not constitute misconduct. The patient must demonstrate that the damage was brought on by negligence. There is no case if there is negligence but no injury or negligence but no injury.

Significant damages were sustained as a result of the injury. Medical malpractice cases are very expensive to litigate because they usually call for the evidence of several medical professionals and countless hours of deposition testimony. In order for a case to be successful, the patient must demonstrate that serious losses followed from a harm sustained as a result of medical malpractice. If the losses are minimal, the expense of filing the claim may exceed the amount that is ultimately recovered. The patient must demonstrate that the damage led to disability, loss of income, unusual pain, suffering, and hardship, or considerable past and future medical costs in order to file a medical negligence claim.

Medical Malpractice Examples

There are several types of medical negligence. Here are some instances of medical malpractice that could result in legal action:

  • misdiagnosis or failure to diagnose
  • Using incorrect or unreported laboratory results
  • ineffective surgery
  • Surgical blunders or improper surgery
  • improper dosage or use of a drug
  • poor aftercare or follow-up
  • premature release
  • disregarding or failing to obtain the necessary patient history
  • not requesting the necessary testing
  • failing to identify symptoms

If you believe that you or a family member may have been a victim of medical malpractice resulting in serious injury, you should consult us here at Sanes & Larkin Law Firm.

Contact us today regarding your injury and schedule your free consultation with an experienced attorney.