What is Considered Malpractice?

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When people go to the doctor or a hospital, there is an expectation that the care they receive will alleviate their pain or, at the very least, make the best effort possible to. Sometimes however, doctors and hospital professionals do not perform their job in such a way that meets this expectation and this can cause problems for the ailing individual. Injuries and illnesses can become worse or, in some situations, afflictions that were not there before do appear. When this happens, there may indeed be grounds for one to file for a malpractice lawsuit.

What exactly is considered to be medical malpractice? In order for a case to legally fall within the grounds of malpractice, three conditions must exist. Firstly, there must be a violation of a standard of care. This means that legal and acceptable medical practices must be followed in the treatment of an individual. Secondly, the injury must have been caused by negligence, or a failure to perform adequately as a medical professional. If a doctor or surgeon does all that he or she can and the outcome is unfavorable, it cannot be considered a malpractice suit. If a blatant disregard for procedure or forgetfulness is the cause however, it can be. Finally, the injury must have caused significant damages to the individual, including but not limited to disability, loss of income, or excessive suffering.

In short, malpractice is the negligent or unethical failure to provide adequate treatment that leads to a major injury or circumstance for the afflicted individual. If these conditions do exist, then that individual absolutely has the right to file a lawsuit to claim compensation for injuries and lost wages and to see justice served.

If you or someone you know has been affected by medical malpractice, it is an excellent idea to have an attorney on your side to fight for you and see restitution gained. To learn more about how we at the Franco Law Firm can serve you in this role and to schedule a free consultation with us today, please call us at (813) 872-0929.

 

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