What kind of instances are considered as medical malpractice?

As a lawyer, I can provide you with legal advice on what kind of instances are considered as medical malpractice.

Medical malpractice is a type of professional negligence when a healthcare provider (like a doctor, nurse, or hospital) fails to provide the appropriate standard of care that is expected of them when treating a patient, and as a result, the patient suffers harm or injury.

Some examples of medical malpractice can include:

1. Misdiagnosis or delayed diagnosis: If a healthcare provider fails to diagnose a medical condition or disease in a timely manner, the patient may suffer harm or the condition may become worse. This can happen if the healthcare provider fails to order the appropriate tests or misinterprets test results.

2. Improper treatment: If a healthcare provider provides a patient with the wrong treatment, or administers medication or treatment in an incorrect or harmful way, this can result in serious harm or injury.

3. Surgical errors: Any surgical error that results in harm or injury to a patient can be considered medical malpractice. Examples can include operating on the wrong body part, leaving surgical instruments inside the patient’s body, or failure to properly monitor the patient after surgery.

4. Birth injuries: If a healthcare provider acts negligently during prenatal care or delivery, it may cause injury or harm to the newborn or mother. Examples can include failure to monitor fetal distress, improper use of forceps or vacuum extraction, or failure to order a caesarean section when necessary.

5. Medication errors: If a healthcare provider administers the wrong medication or wrong dosage to a patient, this can result in serious harm or injury. Medication errors can also occur when the healthcare provider fails to conduct proper drug interactions with other medications the patient may be taking.

It is important to understand that not every adverse outcome or negative result is considered medical malpractice. A healthcare provider is not automatically liable for every medical error. If a healthcare provider acts within the standard of care and harm still results, that does not constitute medical malpractice. Therefore, to win a medical malpractice case, a patient must prove that the healthcare provider’s negligence caused their injury or harm. It is important to consult with a qualified personal injury lawyer when considering filing a medical malpractice lawsuit because medical malpractice cases can be complex and have strict timelines for filing.