Malpractice in the Medical Field

Malpractice is a legal term used to describe professional negligence or a deviation from the standard of care by a licensed professional that causes harm to an individual in their care. In the medical field, malpractice refers to a healthcare professional's failure to provide competent care, resulting in injury, illness or death to the patient. Malpractice can occur due to negligence or due to intentional misconduct.

Elements of Medical Malpractice

• A doctor-patient relationship existed: The healthcare professional must have a professional relationship with the patient. This means that the patient must have sought treatment from the professional, and the professional must have agreed to provide care.
• The doctor was negligent: Negligence is the failure to provide care that is consistent with the standard of care expected of the professional. Medical malpractice law requires that a health care professional provide care that is consistent with reasonable professional practice. A healthcare professional's actions may be considered negligent if other healthcare providers in the same field would not have acted in the same way under similar circumstances.
• The doctor's negligence caused harm to the patient: The health care professional's actions must have directly caused the harm suffered by the patient. The harm must have resulted from the healthcare provider's negligence or deviation from the standard of care.
• The patient suffered damages: The patient must have suffered damages or injuries as a result of the healthcare provider's negligence.

It is important to note that not every bad medical outcome constitutes malpractice. A medical procedure or treatment that fails to cure or improve the patient's condition does not necessarily mean that the healthcare professional was negligent. Additionally, a patient must prove that their injuries or damages were directly caused by the healthcare provider's negligence.

Furthermore, in some situations, a healthcare professional may not have a duty to provide care. For instance, if the professional performed a procedure with informed consent and in a non-negligent manner, but the procedure led to an unforeseeable complication or injury, then the professional may not be liable for malpractice. Additionally, in some states, there are caps on the amount of damages that can be awarded in medical malpractice cases.

Seeking Legal Advice

If you believe that you have been the victim of medical malpractice, it is important to seek the advice of a licensed attorney who can evaluate your case thoroughly, provide specific legal advice and represent you in court if necessary.