What is considered medical malpractice?
Medical malpractice refers to any act or omission by a healthcare professional, institution, or healthcare worker that deviates from the accepted standards of medical practice and results in harm to a patient. These medical professionals may include doctors, nurses, surgeons, anesthesiologists, psychiatrists, dentists, and other healthcare providers.
Examples of medical malpractice include a misdiagnosis or delayed diagnosis, surgical errors, medication errors, failure to follow established protocols, failure to conduct appropriate tests, and failure to obtain informed consent from the patient before performing a medical procedure. Medical malpractice can also occur when a healthcare provider fails to provide necessary follow-up care, or does not provide adequate treatment for a patient's medical condition.
To prove medical malpractice, the injured party must show that the healthcare provider had a duty to provide care, that the care provided was negligent or below the standard of care, and that the negligence directly caused the injury. This must be established through expert medical testimony.
It is important to note that not all poor medical outcomes are due to medical malpractice. Some medical procedures and conditions carry inherent risks, and sometimes bad outcomes occur despite the medical provider doing everything right. It is important to speak with a licensed healthcare provider and consider seeking a second opinion to determine whether medical malpractice occurred.
If you believe you or a loved one has been a victim of medical malpractice, it is important to contact an experienced attorney who can help you understand your legal rights and options. An attorney can help you gather evidence, retain expert witnesses, and navigate the complex legal process of pursuing a medical malpractice claim.