What is the Definition of Medical Malpractice?

If you have been harmed by medical malpractice, you might be dealing with long-term health issues or you could have a family member who has passed away due to the malpractice event. You might have lots of questions about your situation and not many answers.

One of the first things that you need to know when you have been harmed by the actions of a pharmacist or a doctor, is the definition of medical malpractice. There are certain factors that must be present for your case to be presented as a medical malpractice case. While your attorney will know all of the steps that need to be taken to present your personal injury case, but you should still know some basic information about medical malpractice yourself.

If you are ready to learn more about medical malpractice, read on!

How is Medical Malpractice Defined?

To be considered medical malpractice under the law, the claim needs to have the following features:

Violation of Standard Care

The law considers it essential that a certain standard of care must be provided to all patients that are treated by doctors and nurses and by all patients who have prescriptions filled by a pharmacist.  This standard of care requires that the same attention to detail is provided during every service that is done by each doctor and pharmacist. When you are injured due to negligence of the basic standard of care, you can have a case for a medical malpractice suit.

Your Injury Was Caused by Negligence

While it might seem like every medical-related accident is related to negligence, but that is not always the case. Surgeries and some treatments carry inherent risks that cannot be mitigated by any level of attention to care. If your injury is related to actual negligence related to a standard of care or due to a blatantly careless error, then you will have a case for medical malpractice. You must be able to prove that your injury is a result of negligence and not just an honest mistake or inherent risk.

Significant Damages Are Involved

These lawsuits are extremely expensive to take before a judge, so you will often be required to prove significant monetary or pain and suffering damages to be able to bring a medical malpractice court before a judge. The cost of the damages needs to be high enough to be worth the cost and effort of pursuing the case. Your lawyer will be able to help you to determine if significant damages are involved in your situation. To complicate this situation, some states have a limit to the amount of damages that you can ask for pain and suffering.

What Are Some Examples of Medical Malpractice?

These are the most common examples of medical malpractice:

• Improper medication prescribed
• Incorrect dosage of medicine given or prescribed
• Unnecessary surgery
• Failure to diagnose
• Misdiagnosis
• Surgical errors
• Wrong surgery site
• Incorrect or poor after-care
• Premature discharge
• Failure to detect symptoms
• Failure to conduct proper testing
• Not taking patient history
• Missing possible medication interactions

There are many more instances of accidents and injuries that can be related to medical malpractice, but these are the most common ones. If you do not see your accident listed above, but you think that your accident might still be related to medical malpractice, your lawyer will be able to help you to determine if you have a medical malpractice case.

A skilled medical malpractice or pharmacy negligence lawyer will be able to help you to prepare all the details of your case so that you can seek the compensation that you deserve for your injuries. There are some necessary steps that must be taken to prepare your case to be heard by a judge.

What Are the Steps to Prepare a Medical Malpractice Case?

Your lawyer will have to take care of some critical processes to prepare your case to be heard by a judge. These steps are essential to make sure that you will have a favorable outcome for your case.

Conduct an Investigation

Your lawyer will make sure that there is a full and proper investigation into the events that led to your injuries. There needs to be concrete proof of negligence and malpractice that resulted in your injuries, and your lawyer will make sure that this process is done correctly.

Collect Eyewitness Testimony

If there were any witnesses to the events that led to your injury, your lawyer will collect information and testimony from the parties who were present and witnessed the medical errors being made. This can be critical information for your case and can help the judge to determine if there was indeed medical malpractice to blame for your injuries.

Get Experts to Testify

If your case goes to court, expert testimony can be a major help for your case. Your lawyer will make sure that you have the right experts available to provide testimony about the actions that should have been taken to guide your care or other essential information.

Determine Compensation Amount

Your lawyer will look at all of the factors related to the amount of compensation that you can ask for your injuries. This number is comprised of the medical bills that you have from your accident, your pain and suffering, your time away from work, and any other factors that can contribute to your ability to care for yourself long term as a result of your accident.

Working With a Skilled Medical Malpractice Lawyer is Essential

If you have been harmed due to medical malpractice, you will need to be sure to work with a skilled personal injury lawyer. At Kennedy Law Firm, we offer the talent and skill that you need to make sure that you can get the compensation that you deserve for your injuries. We have years of experience working with medical malpractice cases and we can help you to get your life back on track after your accident.

Contact us today for your consultation!