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What constitutes medical malpractice?

On Behalf of | Jan 15, 2025 | Personal Injury

There are certain types of injury claims that are straightforward. People know they can file insurance claims and lawsuits if a drunk driver causes a crash. Many people also recognize that they can hold manufacturers responsible for releasing defective products to the public.

Other times, people may be unclear about whether they have the right to take action to seek compensation after an injury or family tragedy. Medical malpractice can lead to debilitating medical consequences, major expenses and premature death. However, it can be very difficult for members of the general public to recognize medical malpractice when it occurs.

What types of scenarios might lead to medical malpractice allegations?

Malpractice violates established professional standards

There are best practices that apply in every unique area of medicine. Doctors generally need to follow standard procedures to ensure the best possible outcome for their patients. Deviation from established practices and negligence often lead to claims of medical malpractice.

Malpractice could occur because a nurse becomes distracted while handing out medication to patients in a hospital ward. Malpractice could also occur during the prescribing state of drug administration. A doctor who fails to review a patient’s medical records might overlook an allergy or another medication they currently take that could be a contraindication for a specific drug.

Generally speaking, if another competent medical professional would not do the same thing a doctor did or recognizes that a doctor failed to do what was necessary for a patient’s well-being, then the situation may constitute malpractice. Medical malpractice can occur in many different areas of medicine.

Common examples of medical malpractice include:

  • surgical errors
  • drug administration mistakes
  • prescribing errors
  • diagnostic failure
  • birth injuries
  • nursing home negligence
  • emergency room errors

If health care professionals rush through the treatment of a patient, if they ignore crucial information or if they make major mistakes, then they may have committed medical malpractice. Medical malpractice opens the door to litigation and also insurance compensation for the affected parties.

Being able to recognize medical malpractice is often the first step toward holding the healthcare provider or their employer accountable. Medical malpractice can lead to a host of lasting consequences that can result in practical and financial implications for the people affected. Ultimately, taking legal action is an appropriate response to experiencing malpractice.