What is medical malpractice and how does it differ from a medical error or mistake?

Medical malpractice refers to the failure of a medical professional to provide care that meets the accepted medical standards, thereby causing harm, injury or death to the patient. Medical malpractice involves an act or omission in medical treatment, whereby the medical professional failed to provide the appropriate level or quality of care that was required in the circumstance.

Examples of medical malpractice include misdiagnosis or delayed diagnosis, surgical errors, prescribing the wrong medication or incorrect dosage or failing to obtain informed consent. Medical malpractice can be committed by physicians, nurses or other medical professionals.

A medical error or mistake, on the other hand, refers to an unintentional act that was not done in accordance with the accepted medical standards. Medical errors are not always caused due to negligence and may not always result in harm to the patient. Examples of medical errors include misreading a patient’s chart, administering the wrong medication, or providing inadequate patient instructions.

The main difference between medical malpractice and a medical error is that malpractice involves a breach of duty, while an error is just an unintentional mistake. For medical malpractice to occur, a medical professional needs to have violated the standards of care that are recognized in the medical community. In addition, malpractice cases require a demonstration of causation, meaning that the breach of duty must have caused harm to the patient in question.

If you or someone you know has suffered harm due to a medical error, it is important to seek legal advice from an experienced medical malpractice attorney. They can provide guidance on whether your situation constitutes malpractice and whether you have a viable case. If so, they will help you file a claim and negotiate a settlement or pursue a lawsuit.

It is also important to note that medical malpractice cases have statute of limitations, meaning that there is a limited window of time within which a case must be filed. Therefore, it is essential to act quickly and avoid delays in seeking legal advice.