what constitutes medical malpractice


Medical malpractice cases have very intricate rules that can vary considerably from one state to another. For this reason, it’s essential to seek advice and representation from a skilled medical malpractice attorney who has a wealth of experience in handling medical malpractice issues. Medical malpractice is the area of personal injury law that provides an avenue for harmed or injured patients to recover compensation for the losses they have incurred due to substandard care by a medical professional. So, just what constitutes medical malpractice?

Medical malpractice liability occurs all the time and arises out of a multitude of situations. When a physician, hospital or other health care professional, through either a negligent act or a failure to act, causes injury or harm to a patient, those health care providers may be held liable in a court of law.

Common Malpractice Circumstances

There are so many examples of what constitutes medical malpractice. Some of the more common circumstances include:

  • A misdiagnosis or failure to diagnose
  • A breach of doctor-patient confidentiality
  • Not ordering proper laboratory tests
  • Misreading or ignoring lab test results
  • Unauthorized treatment or lack of informed consent
  • Performing unnecessary surgery
  • Errors in surgery
  • Prescribing improper pharmaceuticals
  • Giving the wrong dosage of medication
  • Premature discharge from a medical facility
  • Poor follow-up care
  • Not recording or taking an improper patient history
  • Delayed treatment

There is a common misconception about what constitutes medical malpractice. While it’s true that a medical malpractice lawsuit may be brought against a surgeon or physician, those kinds of cases are not the only types of medical malpractice issues. Actually, any medical professional who provides care can come under scrutiny for malpractice liability.

Unfortunately, negligence in this arena goes beyond the boundaries of the physician. Errors are often also made by medical assistants, anesthesiologists, nurses, dentists, pharmacists, radiologists, lab technicians, and hospital personnel, to name only a few.

It’s not always easy to prove negligence in medical malpractice issues which is why, when pursuing a claim for compensation, it’s so important to work with a professional medical malpractice attorney.

If you’ve been injured or a loved one was killed by the negligence of a medical professional, call 800.722.9744 today for a FREE consultation with an attorney at the Law Offices of Marc J. Shuman & Associates, LTD.

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