What constitutes medical negligence?
When any member of the health care profession — a doctor, a nurse, a pharmacist, a laboratory technician — fails to provide care that meets the standard established by the profession, it constitutes medical malpractice. If that negligence results in a serious injury or death, the victim (or victim’s estate) is entitled to a personal injury or wrongful death claim. Successful claims will be paid by the professional’s liability insurance. Examples of medical malpractice claims include those involving the following circumstances: • Preventable birth injuries, including those resulting from obstetrical negligence in failure to perform a c-section in a timely manner, forceps injuries, and failure to diagnose pre-eclampsia or identify signs of fetal distress; and including shoulder dystocia, cerebral palsy, and hypoxia • Emergency room and trauma center errors, including failure to admit a patient to the hospital, failure to diagnose a heart attack or stroke, and failure to refer a patient t
