When is it Medical Malpractice

Sometimes medical procedures or treatments don’t go as planned, and there is a negative outcome. These negative outcomes don’t necessarily mean that there has been negligence on the part of a medical provider. Medical malpractice comes in many forms, and it is important to distinguish when an occurrence is, in fact, medical malpractice.

 

When is it Medical Malpractice?

The overarching requirement of all medical malpractice claims is that there must be an instance where a medical provider failed to meet the standard of care, and a patient was injured as a result of this failure. In other words, if a medical provider failed to adhere to the accepted standards of medical care it may be malpractice. A medical provider must use a reasonable degree of learning and skill that is ordinarily possessed by medical providers in the locality where they practice.

Medical negligence that rises to the level of malpractice can include a number of different actions or failures to act, including:

  • Failure to diagnose a medical condition
  • Misdiagnosing a medical condition
  • Errors during surgery
  • Failure to inform the patient of the risks involved in a procedure.

If any of these situations results in harm to the patient, then the medical provider may be liable for medical malpractice.

 

When is it Probably Not Medical Malpractice?

There are some scenarios when things don’t go as planned, but there is not medical malpractice. Just because a patient’s condition worsens doesn’t mean a medical provider has been negligent. It is not guaranteed that every patient will respond well to every treatment. In some cases, a patient’s condition may be untreatable despite a medical provider’s best efforts. As long as a doctor acted with reasonable care when treating or attempting to treat the patient, then it is probably not medical malpractice.

 

Determining the Difference Can be Complicated

It can be complicated to determine whether a situation constitutes medical malpractice. It often involves consultation with medical experts to determine whether there has actually been medical negligence. If you believe that you have been the victim of medical malpractice, it is important that you consult with an attorney as soon as possible.

 

Contact an Experienced Medical Malpractice Attorney

If you believe you are the victim of medical negligence, you should have an experienced attorney evaluate your case. At Bonina & Bonina, P.C., we have been helping medical malpractice victims 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.