What Constitutes Medical Malpractice?

There are very specific requirements that must be met in order for a medical malpractice case to proceed. Your attorney will work to prove these criteria are met so you can get the compensation you deserve.

  • Standard of Care: Medical professionals have a certain standard they must adhere to when the care for patients. Patients should expect to have a certain level of care when they are in a hospital. If a doctor, nurse or other medical professional fails to live up to these standards, negligence may have been a factor in your injury.
  • Negligence Caused the Injury: Your injury must have been a result of negligence. If a medical professional performed their due diligence, and you still suffered an injury, medical malpractice may not be present. Simply being unhappy with your care, or the results of your stay in the hospital, does not always warrant legal action if negligence isn’t a factor.
  • The Consequences Are Damaging: Minor issues, such as becoming nauseated from being given the wrong medicine, technically constitutes medical malpractice. However, for a lawsuit to be successful, you must prove that substantial damage was done. That can include pain and suffering, living in constant pain, enduring hardship, loss of income or disability.

Another prevalent factor is informed consent. If a procedure was done that caused injury, and the patient didn’t know said procedure could cause injury, it may be medical malpractice.