Medical malpractice is a complex area of the law and there are any discrepancies in terms of what can be classified as malpractice and what isn’t. If you are wondering ‘what is medical malpractice?’ and how you can make a claim, here is a brief overview. As with anything pertaining to the legal system we recommend you contact your attorney for more information.
The legal definition is when a patient suffers an injury due to negligence or omission of care by a hospital, doctor or other healthcare professional. This covers a very wide spectrum of both scenarios and locations. The negligence could be due to an error, or errors, made during the initial diagnosis. It could also have occurred during treatment, or the aftercare, or at any time during your journey. If you believe that yourself, or one of your loved ones, has been a victim of medical malpractice there are certain conditions which have to be met for a case to be considered by a lawyer – a couple of examples can be found below.
A Violation in the Standard of Care
The medical profession has a strict code of conduct relating to the standard of medical care you can reasonably expect from your healthcare professional. Every citizen can expect that the healthcare they receive will be consistent with these standards, if not higher. They should never fall short of the accepted standard of care and if they do you could possibly have the option to sue on the grounds of medical negligence.
Medical Negligence Resulting in Injury
Claims for this kind of medical malpractice can only be considered to be viable if the patient who suffered can prove that they would never have sustained their injury if the healthcare professional hadn’t been negligent. Simply being able to prove that the standard of care received was below the acceptable standard will not cut it in this case. An unfavorable recording alone cannot be classed as malpractice, it has to be proven without a shadow of a doubt that the negligence directly leads to the injury occurring. If there’s an injury that didn’t result from negligence, or negligence that didn’t directly cause an injury, then there is no case.
Damage Directly Relating to an Injury
This relates directly to the damages you have suffered due to the injury which came about from the medical negligence. Lawsuits filed with the intention of suing for medical malpractice are not only some of the most complex but they are also one of the most expensive. This is mainly due to the time that must go into contacting medical professionals and collecting their testimonies. It’s not unknown to have as many as 40 depositions pertaining to one case – that’s a lot of hours right there. It’s worth noting that if the damage you have suffered is minor the payout may be less than the cost of the litigation, so talk to and listen carefully to a medical malpractice lawyer. If you are considering filing a malpractice suit on these grounds it will have to be proven that the injury directly caused the sufferer to have;
- a loss of income
- a disability
- suffering and/or hardship
significant medical bills because of the injury