What is Medical Malpractice

If you’ve been injured due to the negligence of a doctor or other medical professional, then you may have a case for medical malpractice. But what exactly is medical malpractice?


Medical Malpractice

Medical malpractice, in general, is defined as a situation where a medical professional violates or breaches the standard of care, which results in injury to a patient. The standard of care is the generally accepted method and level of care that a reasonable medical provider with a similar background would administer to a patient with the same condition. The standard of care can vary based on a number of factors such as a patient’s specific condition, and the location where the medical provider practices.

In order for a breach of the standard of care to constitute medical malpractice, there must be some injury to the patient. That injury must have resulted from the medical provider’s breach. Proving that an injury was caused by medical malpractice frequently requires evidence from another medical professional. In addition, the mere fact that a patient was injured does not necessarily mean that there was medical malpractice. It must be clearly established that the medical professional fails to maintain the standard of care.


Types of Medical Malpractice

While medical malpractice can occur in almost any context, there are a number of situations that come up more frequently. These include:

  • Misdiagnosis—if a doctor fails to diagnose the correct medical condition in a patient, this can result in the patient receiving the incorrect treatment and can lead to injury.
  • Delayed Diagnosis—a delay in diagnosis leaves the patient untreated for their medical condition.
  • Surgical Errors—this can include things like wrong-site surgery, leaving medical equipment inside a patient, and performing an incorrect procedure
  • Birth Injury—malpractice before, during, or immediately after labor can lead to a baby having a birth injury.

Contact a Medical Malpractice Attorney

If you’ve been injured due to medical negligence, you should have an experienced medical malpractice attorney evaluate your case. At Bonina & Bonina, P.C., we have been helping the victims of medical malpractice for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.