Medical Malpractice

Medical Malpractice is the negligence caused by a health care professional or institution that leads to injury, harm or death of a patient. The negligence might be the result of errors in diagnosis, treatment aftercare or health management.

For something to be considered malpractice under law, it must have the following characteristics:

• A violation of the standard of care: The law states that certain medical standards are recognized by the profession. A patient has the right to expect that health care professionals will deliver care that is consistent with the standards of care.
• An injury was caused by negligence: If a health care professional violated the standard of care, the patient must prove that he/she sustained an injury that would not have occurred in the absence of negligence.
• The injury resulted in significant damages: Medical malpractice lawsuits are expensive and lengthy. A patient must show that significant damages resulted from the injury due to medical negligence. The patient must show that the injury resulted in disability, loss of income, unusual pain or future medical bills.