What Is Considered Medical Malpractice?
Medical malpractice lawsuits arise after a person has been injured as a result of the care they received or, in some cases, did not receive from a physician, healthcare provider, hospital, or clinic. The key component in medical malpractice suits is that the injury was caused through a negligent act or omission on behalf of the healthcare provider.
3 Criteria of Medical Malpractice Lawsuits
In order to be considered medical malpractice, the claim must meet 3 criteria:
- There was a violation of the standard of care or duty of care. Every healthcare provider has a duty to provide care that is recognized by the profession as standard medical treatment by peers in similar circumstances. This is also known as the “standard of care”. Patients have a right to expect a certain standard of care will be provided. In general, a violation of the standard of care occurs when the provider knew he/she should have done something to treat the patient, but chose not to, despite knowing the action could cause harm to the patient.
- An injury resulted from the negligence. There must be an injury for a medical malpractice claim to proceed and patients must prove that the care they received caused the injury. Patients must prove cause and effect. An injury without negligence or negligence without injury are not grounds for a case.
- The injury resulted in significant damages. Medical malpractice cases are complicated and expensive to litigate. For practical reasons, the patient must have sustained serious damage from the injury otherwise there’s a chance that it will be more expensive to pursue the case than what can be recovered. Serious injuries typically result in loss of income, disability, unusual pain and suffering or hardship, or significant medical bills.
Not Every Situation Is Medical Malpractice
Keep in mind that not every undesirable medical outcome can be considered medical malpractice. Sometimes, despite a physician’s best efforts, bad outcomes just cannot be prevented. Consultation with a qualified medical malpractice attorney is the best way to determine if you are dealing with a medical malpractice situation, medical negligence, or just plain bad luck.
Our Florida medical malpractice attorney will evaluate the facts of your situation to determine the most appropriate course of legal action. Contact The Beregovich Law Firm at (800) 631-9009 or email us to schedule your consultation.