24 Hour Toll Free Help

What is Considered to be Medical Malpractice

What is considered to be medical malpractice? If you are asking this question, it is probably because you believe that you or a loved one has been the victim of medical malpractice.

If this is the case, you want to know what you can do about it. Will you be able to receive fair and just compensation for being the victim of medical malpractice.

Medical malpractice is considered to be professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.

Standard of care


In other words, medical malpractice takes place when a health care provider departs or deviates from what is regarded and recognized as the “standard of care” that is used in treating a patient. The “standard of care” is defined as “the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise.”

The problem when it comes to what is considered to be medical malpractice has to do with what the “standard” is. In many instances, the “standard” is a subjective issue that reasonable people may differ on.

At the heart of medical malpractice is medical neglect. The Journal of the American Medical Association (JAMA) says that medical negligence is the third leading cause of death in the United States, with heart disease and cancer being first and second.

Huge problem


This evidences the fact that medical malpractice is a huge problem in the United States. In 2012, more than three billion dollars were spent in medical malpractice payouts. This was an average of one payout for every 43 minutes.

What you really want to know is, “How do I know if I or a loved one has been a victim of medical malpractice? If so, “How do I prove it?”

You or a loved one has probably been a victim of medical malpractice if the negligence of a health care provider resulted in injury or damages to you or your loved one. The key is proving negligence.

In order to prove medical malpractice, you have to prove 4 things. They are:

A doctor-patient relationship existed. In other words, you hired the doctor, and the doctor accepted you as their patient.
The doctor was negligent. This means that the doctor was negligent in regard to your diagnosis or treatment.
The negligence of the doctor is what resulted in your injury. Was the doctor’s negligence actually what brought about your injury.
Your injury resulted in specific damages. This would be things like mental anguish, physical pain, lost work and/or lost earning capacity. If you or your loved one did not suffer any harm, you cannot bring a lawsuit for medical malpractice.

Medical malpractice is not easy to prove. In fact, in most cases, it is extremely difficult to prove. In order to do so and receive fair and just compensation for your injury, you will need the assistance of a personal injury attorney. The wise thing to do is to have your case evaluated by a personal injury attorney at no cost or obligation to you.

Article written by James Shugart

Connect with James on Google+