Malpractice is a term that gets thrown around a lot when talking about instances that medical care was not up to par or when a doctor or pharmacist has made a mistake. This is a commonly referenced term that many people believe that they know the meaning of. However, there is a legal meaning for the word and some cases where harm is done to a patient during medical treatment do not qualify as malpractice.
If you have been injured in a pharmacy-related case that led to significant harm or the death of a family member, you might not be sure if their injuries are related to malpractice. If you want to know the legal definition of malpractice, read on.
Malpractice requires that a few key features be involved in your accident. Not every injury that you sustained related to a drug you were prescribed can be classified as malpractice. The law requires that the following factors exist to be able to seek compensation for medical malpractice:
Violation of the Standard of Care
This means that the person treating you or dispensing your medication did not exercise the minimum care that is required when caring for patients. This standard of care is carefully laid out for every medical professional, and they should be well aware of the duty of care that they need to exercise when they are at work each day.
Negligence Was Involved
For malpractice to be considered, you will need to be able to show that negligence was directly related to the error which caused you harm. This can be hard to prove without a full investigation into the reasons for your injury.
Significant Damages Are involved
Medical malpractice cases are very expensive to litigate, so there need to be very significant damages involved for the case to proceed as medical malpractice. You will have to prove that you have suffered permanent loss of health, ability to work, and significant costs associated with your medical care to be able to seek medical malpractice compensation for your case.
It is essential to engage the right attorney to help you to seek compensation for your medical malpractice case. At Kennedy Law Firm, we know how to take care of your needs and we will help you get the compensation that you deserve for your pharmacy negligence case.
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