What is Medical Malpractice?

February 24, 2021

Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare, or health management.

To be considered medical malpractice under the law, the claim must have the following characteristics:

  • A violation of the standard of care– The law acknowledges that the profession recognizes certain medical standards as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known as the standard of care. A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.
  • An injury was caused by negligence– For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.
  • The injury resulted in significant damages– Medical malpractice lawsuits are costly to litigate, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. For a case to be viable, the patient must show that significant damages resulted from an injury received due to medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering, hardship, or significant past and future medical bills.

Four Most Common Types of Medical Malpractice

Medical malpractice can take many forms. Here are the four most common types of medical negligence that might lead to a lawsuit:

  • Failure to diagnose or misdiagnosis
  • Surgical errors or wrong site surgery
  • Improper medication or dosage
  • Birth related injuries

Choose an Experienced Medical Malpractice Attorney

If you or a loved one have been injured due to a medical professional’s negligence, contact a Martinsburg medical malpractice lawyer from Manchin Ferretti Injury Law today. We will thoroughly investigate your case to secure any compensation you are entitled to. Our goal is to make sure you receive maximum compensation so you can gain some closure and start a new chapter. You can contact us for a free consultation of your case by clicking here or calling (304) 264-8505.


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