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What Is Considered Medical Malpractice?

Medical malpractice occurs when a doctor, health professional, or other medical providers are negligent with their job, leading to harm, injury, or death of a patient. An error or negligence could be during surgery, diagnosis, treatment, medicine dosage/prescription, aftercare, and so on.

If a medical provider omits an action, provides substandard treatment, or makes a wrong diagnosis so that it harms a person’s health, it is considered medical malpractice. Personal injury attorneys usually handle lawsuits related to medical malpractice.

Filling a Medical Malpractice Claim

Medical malpractice claim makes it possible for patients to receive compensation for the economic and non-economic losses they have experienced due to medical negligence. Medical practitioners owe it to their patients to provide them with a medical standard of care. Any act or failure to act by a doctor that is not in line with the accepted standard of care is considered medical negligence. The most common types of medical negligence include:

  • Failure to diagnose/wrong diagnosis
  • Improper/substandard treatment
  • Failure to warn a patient of a known risk
  • Prescribing incorrect drugs

In some instances, more than one party can be liable in a medical malpractice case. Some of the people that may be involved in medical malpractice include, doctors, surgeons, nurses, hospital administrators, the whole medical facility, etc.

What Constitutes Medical Malpractice?

It’s essential to know that not all negligence causes injury.  For example, a doctor may deviate from the medical standard of care, but if the patient isn’t harmed, this can’t lead to a medical malpractice case. This means medical negligence can only lead to a medical malpractice case if the doctor's action or inaction leads to injury, harm, or death.

If the doctor’s negligence worsens a patient's illness, causes complications, or necessitates additional treatment, then it’s considered an injury. If there is no proven injury due to medical negligence, a medical malpractice claim can fall short.

Medical malpractice is one of the most complex personal injury cases. In other to prove medical negligence happened, there must be proof that:

  • There is a doctor-patient Relationship (i.e., a duty was owed by the hospital or medical provider
  • The duty was breached because a doctor was negligent and didn’t conform to the standard of care
  • The doctor’s negligence caused the injury or illness
  • The injury resulted in damages like physical pains, hospitalization, medical bills, and financial loss due to the inability to work.

A lawyer can identify if your case has the four elements of medical malpractice to hold a practitioner or medical facility accountable for medical malpractice.

Medical Malpractice Claim Must Be Filed Soon After the Injury

Different states have different rules when it comes to medical malpractice. However, the statute of limitations for a medical malpractice claim is between 6 months to 2 years. If a lawsuit isn’t filed within the appropriate time frame, a court has the right to dismiss the case, no matter the evidence.

Some of the damages that may be awarded in a medical malpractice case include medical treatment, lost pay, and life care expenses.

Getting Help For Medical Negligence Claim

As said earlier, medical negligence cases are handled by personal injury lawyers. If you believe you have proof of medical malpractice, speak to an experienced personal injury lawyer. Experts like Jason Stone Injury Lawyers will guide you through the process and defend you in court if necessary.