What is Medical Malpractice?
Malpractice is another word for “negligence” which means that a health care provider did not measure up to the standard of care expected of reputable and careful health care providers under similar circumstances. If the malpractice caused harm, a lawsuit or claim may be filed to recover damages for the harm that was suffered.
Medical malpractice occurs when a physician fails to provide appropriate healthcare according to established medical standards and, as a result of that failure, causes injury to the patient that otherwise would not have occurred. A physician can make a medical mistake by doing something that should not be done, or by failing to do something that should be done.
Medical malpractice” is no different than “medical negligence,” “failure to meet the standard of care,” “substandard care,” and “unreasonable medical care.” These terms are interchangeable, and simply mean carelessness by a health care provider which causes injury. Physicians: Just as a motorist is responsible for injuring someone by driving carelessly, a physician is responsible for injuring a patient by practicing medicine in a careless manner. A physician commits medical malpractice is negligent by failing to act in the same manner a reasonably careful physician in the same field of medicine would act under the same or similar circumstances. Physician negligence can occur in a variety of situations.
Medical malpractice is negligence committed by a professional health care provider — a doctor, nurse, dentist, technician, hospital, or hospital worker—whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient’s condition.
Medical malpractice is negligence committed by a professional health care provider whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Medical malpractice cases are often based on the concept that the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Medical malpractice actions may be brought against doctors, nurses, dentist, technicians, hospitals, or hospital workers. Instances of malpractice might include surgical errors, misdiagnosis, failure to follow testing procedures, failure to disclose risks, or prescribing prescription drugs not suited to the patient’s condition.