What is Medical Malpractice

What is Medical Malpractice

Medical malpractice  is  professional negligence  by act or omission by a  health care provider  in which the treatment provided falls below the accepted standard of practice in the medical community and causes  injury  or death to the  patient , with most cases involving  medical error . Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals may obtain  professional liability insurances  to offset the risk and costs of lawsuits based on medical malpractice.

Medical malpractice is the most common legal complaint that involves hospitals and doctors. This takes place when a medical error, even the smallest or simplest one, occurs due to negligence or carelessness and results in injury, disability or fatality. It's a popular misconception that for a medical error to be considered malpractice, death should occur. It's not necessarily that way. If a mistake committed by a doctor or member of the medical staff results in serious injury or disability, this can also be grounds for a medical malpractice complaint.

Medical Malpractice Type

Birth Injury  - Medical malpractice case for birth injury. Case involved a hospital and an obstetrician who allegedly failed to deliver a baby in a timely and appropriate manner. The case also alleged the failure of the hospital's vacuum suction device to work properly. The birth resulted in a severe brain injury to the baby. The family was represented by Daniel P. Gerash along with his father Walter L. Gerash. The case was ultimately settled for a confidential amount.

Surgeon Malpractice  - Medical malpractice action against surgeon who presumably left a surgical sponge in client's chest during heart surgery. The sponge created embolism that led to death of client. Family represented by Daniel P. Gerash, then with Gerash, Prugh, & Gerash, P.C.. Case was settled for a confidential amount.

Medical malpractice is the one that has the highest likelihood of death or disability as the end result.  However, a medical malpractice lawsuit doesn't always have to result in death.  Poor conduct by a medical professional, carelessness or ignorance of a particular medical situation may also be valid reasons.  And it doesn't always have to be from your family doctor. 

Surgeons, dentists, nurses or even pharmacy technicians can perform medical malpractice.  That's why finding an expert like a malpractice lawyer is so important if you feel you have been wronged in some way.  Some examples of medical malpractice include failure to diagnose serious or acute health issues, injury to a mother or baby in the birthing process, or prescribing or handing out improper medication.

Final Words

When we seek medical attention, we hope that the doctor, nurse or other healthcare professional is well qualified and competent enough to take good care of us. Unfortunately, this is not always the case.

Humans make mistakes, doctors and nurses can also make mistakes resulting in medical malpractice. Filing lawsuits while you are experiencing complications resulting from malpractice isn't always easy, therefore an experienced attorney is necessary.