What is Medical Malpractice?

Medical malpractice is a situation when a hospital, doctor or other health care professional causes an injury to a patient through a careless act or omission. The negligence must be the result of errors in diagnosis, treatment, or health management.

The claim of the patient must have some characteristics in order to be medical malpractice under the law. Violation of the standard of care, an injury caused by the negligence and the injury resulted in significant damages are the characteristics asked by the law.

A patient has the right to expect that health care professionals will deliver care that is consistent with the usual health standards. If it is determined that the standard of treatment has not been met, negligence may be established. For the patient to prove the claim about the malpractice, it is not sufficient that a health care professional simply violated the standard of care. Mostly the patient has to prove he or she sustained an injury that would not have occurred in the absence of negligence.


Medical malpractice lawsuits are extremely expensive to sue, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. The patient has to show that significant damages caused by an injury received due to the medical negligence in order to have a viable case.


Medical malpractice can take many forms. Failure to diagnose or misdiagnosis, misreading or ignoring laboratory results, having unnecessary surgery, wrong site surgery, wrong medication or dosage, not taking appropriate patient history, failure to order proper testing or to recognize symptoms are some examples of medical negligence that might lead to a lawsuit.

If you believe that you is a victim of medical malpractice resulting in serious injury, you must consult a Board Certified medical malpractice attorney according to the law of the United States.




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