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What Is Medical Malpractice?

When a healthcare professional fails to provide the acceptable standard of care expected in the treatment of their patient, this is considered “Medical Malpractice”. This “standard” of care is essentially how a reasonably competent healthcare professional would diagnosis or treat a patient with a similar medical issue.

If a deviation from the standard of care results in a patient’s injury, that patient has a claim for medical malpractice. However, in many cases, a medical professional will provide proper treatment, but the patient’s outcome is still not good. This is not considered medical malpractice.

Medical malpractice can occur in a myriad of settings, such as hospitals, doctor offices, nursing homes, dental offices, and physical therapists’ offices. And many errors can lead to serious injuries. Failure to diagnose or misdiagnosis of a medical issue, errors with anesthesia, surgical errors, overmedicating or under-medicating, failure to warn a patient about dangers surrounding a certain medical procedure, and failure to explain, in full, pre-operation or post-operation protocol, can all lead to serious injury.

To effectively prove a medical malpractice claim, you’ll need an attorney with a deep understanding of medical terminology, procedures, and treatment. Additionally, your attorney may need to employ the help of experts in the medical field in which a particular claim lies. For example, if a patient experiences a surgical error, the testimony of an expert surgeon is imperative in proving that the defendant (the surgeon with a medical malpractice claim against them) did not meet the standard of care he or she was expected to.

Having an experienced Medical Malpractice attorney is crucial to one’s chance of success in pursuing a medical malpractice claim. There are intricacies of handling a medical malpractice claim that not all attorneys understand. It’s best that you do your research to ensure the attorney you retain for your medical malpractice claim has ample experience in dealing with your particular type of claim.