Medical Malpractice: What is it?

Posted on Wednesday, October 2nd, 2019 at 1:00 pm    

The Cornell Law School Legal Information Institute defines malpractice. It is “the tort committed when a professional fails to properly execute their duty to a client. The duty of a professional to a client is generally defined as the duty to follow generally accepted professional standards.” Medical malpractice is negligence by healthcare professions that involves some aspects. Such as:

  • errors in prescribing, filling or administering medication,
  • problems which arise during a surgical procedure and then are not handled properly,
  • misdiagnosis,
  • negligence or inadequate follow-up care

One article states, “It all boils down to this: a doctor or some other medical professional may have committed malpractice by acting in a way which violated an accepted “standard of care”. Which is the same as what another healthcare provider would have done given the same circumstances.”

Is it Medical Malpractice?

Now the next question is: whether or not you have been victim of malpractice. It often begins where you or a family member are not feeling right after being treated. In some cases it may take weeks, months or years before you feel unwell. But know that bad results happen that have nothing to do with mistakes made by the doctor or nurse. Such as complications or side effects even after receiving the best medical care. However, it is rare for the medical professional to admit having made a mistake and being responsible for your condition. Therefore, it is important to get a second opinion to know if something went wrong or it’s some side effect.

If you are thinking of filing a medical malpractice claim, firstly have a calm, frank conversation with your healthcare provider. It is important that you understand what happened and why you are not recovering like you hoped. Take note to neither accuse nor play dumb. If you are unsatisfied with the answers given by your healthcare provider you may get a second opinion.

Medical malpractice cases need legal professionals to represent you. Speak to our experienced and qualified litigation lawyers today.


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