Do you believe that you’re the victim of medical malpractice, but you’re not sure if your situation actually falls under the medical malpractice definition? If so, we’ll help you out with this guide. Understanding medical negligence is a bit tricky, but there are certain clues that will let you know if your healthcare provider is at fault.
To learn more about medical negligence and whether you can sue for malpractice, just keep reading.
The Medical Malpractice Definition
Medical malpractice occurs when a healthcare facility, like a hospital or doctor’s office, causes harm through a negligent act that results in injury to the patient. Sometimes negligence comes in the form of misdiagnosis, failure to treat an illness, or poor health management.
All medical professionals are expected to be thorough in each stage of the treatment process.
Medical Malpractice Defined by the Law
There are certain specifications that fall under the medical malpractice definition. Here are a few scenarios:
Injury Due to Negligence
If you want to make a medical malpractice claim, then you have to prove that the injuries that you sustained are because of your doctor’s negligence. Keep in mind that side effects from an operation or an unsatisfactory outcome aren’t medical malpractice. But if you were to suffer side effects because your doctor prescribed the wrong medication for your condition, then that’s a different story.
Violation of the Standard of Care
The law sets certain standards that every healthcare professional must abide by. This is known as the standard of care. Every patient has the right to uphold each medical professional to these standards. If they are not met, then you can potentially claim medical negligence.
Injury Due to Damage
Sometimes, medical malpractice happens as a result of an error on the part of the physician. Just one mistake can cause pain and suffering, disability, and other issues.
In these cases, the medical professional is held liable for any damages they caused the patient.
For instance, if a surgeon leaves a surgical tool inside of a patient during a procedure, they would be held responsible for any injury the patient endures.
Examples of Medical Malpractice
Now that you know more about the medical malpractice definition, here are some examples to help you better understand it:
- Unnecessary surgery
- Failure to diagnose symptoms
- Poor aftercare
- Surgical errors
- Performing surgery in the wrong area
- Premature hospital discharge
- Misreading lab results
- Failure to run proper testing
- Wrong medication or dosage
In addition to filing a medical malpractice suit, take a look at this need to know information regarding wrongful death claims.
Understanding the Medical Malpractice Definition
There’s a lot that goes into the medical malpractice definition, but it’s also pretty cut and dry. There are certain guidelines that health professionals must follow, and if they neglect to do so, then they’re at risk of medical malpractice. If you believe that your physician has been negligent in treating you, it’s best to reach out to a lawyer.