What Constitutes Medical Malpractice?

When a doctor, nurse, or other medical professional makes an error, it’s you who has to suffer the consequences.

Everyone knows that accidents can happen. But when the medical professional entrusted with your care fails to adhere to the standards of their profession, your injuries can be profound. Fortunately, you could be entitled to financial compensation through a medical malpractice claim with the help of a personal injury lawyer.

Read on to learn more about what exactly constitutes medical malpractice.

What Is Medical Malpractice?

Medical malpractice is commonly used to describe an injury suffered by a patient at the hands of a medical professional.

However, the legal definition of medical malpractice doesn’t apply to every injury sustained in this way. For example, a patient suffering an injury due to something that could only be described as an act of God probably wouldn’t be considered malpractice.

Generally speaking, medical malpractice involves injuries characterized by the following:

There Was a Violation of the Standard of Care – The medical profession is bound by certain standards that are generally accepted as reasonable by others who are applying medical treatment in a similar situation. When the quality of care you get as a patient drops below this level, then malpractice may have been a factor.

Negligence Was Involved – In order for an injury to be called medical malpractice, it must be the result of negligence. This means that the injury would not have occured in the absence of negligence. It is up to the patient (and their legal team, including a medical malpractice lawyer) to prove that negligence did occur and that it directly led to your injuries.

You Suffered Significant Damages – In order to justify the cost of filing a medical malpractice claim, the injury usually has to have resulted in significant damages and losses for the patient.

Compensation You Can Recover in a Medical Malpractice Suit

The compensation you can recover in a medical malpractice claim is tied directly to the types of damages you suffered as the result of your injury.

For example, you may have suffered additional medical bills related to the injury in question. If so, filing a medical malpractice claim could allow you to compel the responsible party to pay for these damages.

Other types of damages that are commonly seen in medical malpractice cases include:

Temporary or permanent disability
Disfigurement
Lost income
Pain and suffering
Mental anguish
And others

Consulting a medical malpractice attorney can help you get a better idea of the types of damages you could recover in a claim.

Types of Medical Malpractice

The causes of medical malpractice can be radically different. However, some of the most common include:

Surgical errors
Misdiagnosis
Early or improper discharge from hospital
Anesthesia errors
Misreading lab results
Improper pharmaceutical prescription
And others

Reach Out to a Medical Malpractice Lawyer Today

Have you been injured as the result of a medical professional’s negligence? Don’t wait to pursue fair compensation. An experienced medical malpractice lawyer with The Nye Law Group can help you maximize your settlement.

Call 704-285-6319 or fill out the following form to learn more and schedule your free consultation.