Simply put, malpractice is the deviation from the standard of care in any particular field of medicine resulting in an injury caused by that malpractice. In addition to the deviation, there must be damages and those damages must have been caused by the malpractice.
Deviations are varied, but can include the following:
Because of the costs and expenses of a malpractice claim, cases must have sufficient damages to pursue. It is not enough that the patient's healthcare fell bellow the standard of care, there must be significant damages. These damages can include physical injury, permanent impairment, loss of quality of life, economic damages and even death. The determination of what constitutes significant damages is one that the personal injury attorney will work with the client to determine.
The final requirement of what constitutes a medical malpractice claim is causation. Causation is a complex legal requirement, but essentially means that the malpractice was what caused the injury. Oftentimes, even when there is malpractice, the injury may have resulted regardless of the deviation of the standard of care.
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Whether or not a patient has a malpractice case is a difficult assessment to make in many situations. No matter the case, this complicated question must be addressed with a lawyer in consultation with a physician. If you have reason to believe that your health care provider committed malpractice, consulting with an attorney who is experienced handling malpractice case is a must.
Bad outcomes do not necessarily mean that you have a malpractice case. Healthcare professionals want to help people, but when there is a mistake made, a malpractice cases are how people are compensated for their injuries. Even with the best of care, sometimes patients suffer sickness, bad surgical results or even death.
If you believe that you have been injured as a result of medical negligence by a doctor, hospital or nurse, you need to consult with a medical malpractice attorney to help you determine if you had suffered from a malpractice case.