Have you heard about a medical malpractice crisis or have you been told, after a bad experience, that you might have a good case for a medical malpractice case? If so, you might be wondering, “What is medical malpractice?” Don’t think that you’re the only person who has ever asked this question, because many people are asking it as they are unsure of what it actually is and how it is defined. Many people know what the term means, but they don’t know the specifics.
What is Medical Malpractice: The Definition
The definition of medical malpractice is an act or omission by a health care provider that deviates from what is the accepted standards of practice in the medical community. This act or omission then causes injury to the patient. In laymen’s terms, medical malpractice is basically professional negligence by a health care professional that leads to an injury or complications on the part of the patient.
Of course, that is the definition of medical malpractice, but proving it can be quite difficult. Many people often confuse a bad or unsatisfactory experience with a medical professional as malpractice, but this is not the case. In order for an experience to meet the definition of malpractice the plaintiff, also known as the claimant, needs to be able to prove:
- A duty was owed by the hospital or health care provider.
- The duty was not acted upon. In short, the provider failed to provide the standard of care.
- The breach of duty caused an injury to the patient
- Losses. The plaintiff must be able to prove that there were damages, otherwise a medical malpractice suit is not applicable even if the provider was negligent.
Many would think that such a straight forward answer to the question, “What is medical malpractice?” would mean that knowing whether or not you should file a claim against a doctor would be as straightforward, but this is not necessarily the case. Most people cannot determine on their own if they have a case of malpractice, and this is where an experienced lawyer will come in very handy. Someone with experience will be able to help you determine if you have a case and what the next step is, if you do. Medical malpractice laws are different from jurisdiction to jurisdiction, so be sure you get a lawyer who knows the law in your area.
