Medical malpractice is a breach of duty by a doctor, nurse, or other medical professional which causes an undue injury to a patient. Keep in mind that all parts of this definition must apply in order for any medical care to be classified as malpractice. In other words, an injury, in and of itself, does not constitute medical malpractice. The injury must be caused by a medical professional and deviate from the medical standard of care.
In order for treatment to be defined as a deviation from the medical standard of care, a medical professional must perform their duty in a way that is either inadequate or significantly different from the expected practice in the medical community.
Furthermore, any error by a medical professional does not equal medical malpractice. The error must actually cause an injury. The injury in question must also be outside the accepted side-effects for a certain medical procedure. For example, tooth pain after a root canal would not suffice, as this is an expected effect.
If you believe you’ve suffered from medical malpractice, you should find a lawyer
as soon as possible.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.