Medically reviewed by
Deborah Weatherspoon, Ph.D., MSN
Written by Yvette Brazier
Updated on June 8, 2023
Source: Medical News Today
Photo Source: Unsplash,
What is medical malpractice?
An error, negligence, or omission can lead to a malpractice suit.
A hospital, doctor, or other health care professional is expected to provide a certain standard of care.
The professional is not liable for all the harms a patient experiences.
However, they are legally responsible if the patient experiences harm or injury because the health provider deviated from the quality of care that is normally expected in similar situations.
According to malpractice lawyers in the U.S., for medical malpractice to be considered, a number of factors must be involved.
These are:
Failure to provide a proper standard of care: The law requires that health care professionals adhere to certain standards, or potentially face an accusation of negligence.
An injury results from negligence: If a patient feels the provider was negligent, but no harm or injury occurs, there can be no claim. The patient must prove that negligence caused injury or harm, and that, without the negligence, it would not have happened.
The injury must have damaging consequences: The patient must show that the injury or harm caused by the medical negligence resulted in considerable damage.
Considerable damage could be:
suffering
enduring hardship
constant pain
considerable loss of income
disability
Bal (2009) states that for a case of malpractice to be considered, the following Source must be true:
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. This includes doing nothing when they should have done something. This may be considered an act of omission or a negligence.
Dissatisfaction with the outcome of treatment does not imply malpractice. It is only malpractice when there is negligence and injury and negligence causes the harm or injury.
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