When is a Mistake Considered Medical Malpractice?

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Mistakes are an inevitable fact of life. However, when it comes to medical mistakes a number of anxieties surface. First and foremost, concern for the patient who was wrongfully treated or diagnosed. Often times in the wake of moments like these it is exactly those patients who don’t know which questions to ask to make sure that something similar never happens again. Here are a few ways of helping to un-code the situation:

When is a mistake considered medical malpractice?

  • the providing of care that falls below the medically established standard of care
  • a direct causal connection between the medical care provider’s negligence and the patient’s harm
  • damages to the patient (harm)
  • a preexisting patient/doctor relationship

All of these are definite cause for a medical malpractice lawsuit and if your problems stem from any of these you should consult an attorney immediately.

One of the most common causes of a medical malpractice lawsuit is negligence. “Negligence” is when a doctor fails to provide the general standard of medical care that any other doctor similarly skilled and educated would provide. Be aware that not all cases that seem “negligent” at first are and know the difference. For instance, sometimes a patient’s condition will simply deteriorate or will prove untreatable and this isn’t always a cause of negligence. While this is a heart-wrenching moment for all medical care providers, more often than not they are doing all they can to ensure the health and well-being of their patients.

Now that you know the defining qualities of a medical malpractice lawsuit, what is your next step? Once contacting your lawyer, you’ll need to know which questions to ask. You want to make sure to have all of the information and details of your case as clear as possible before this so that you have far less confusion down the line. Moments like these are difficult considering how close we often are to the situation, with your details all lined up clearly and your now clearer knowledge of what malpractice is, your lawsuit will hopefully be a bit more bearable and swift to get through.

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