Defining the Standard Medical Malpractice

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Defining the Standard Medical Malpractice

January 16, 2017 - 12:08
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Medical malpractice is many things with the ever-changing environment of the medical field you must keep in mind that medicine, surgeries, evaluations are not always 100%. Take note, if your health is getting worst while under the care of medical professionals, the higher the probabilities to file a lawsuit. In this blog post, we will look at the different case studies in regards to medical malpractice and what exactly is considered/defined as medical malpractice.

What Could be Considered Medical Malpractice

First, you must understand the definition of medical malpractice to understand the rest. Medical malpractice is when a doctor does not meet the standard of the level of care defined by the medical profession. Here is a list of common medical malpractice terms:

  • Surgical errors
  • Miss diagnosis
  • Improper supervision
  • Medical delay
  • Unnecessary operations
  • Lack of staffing

Physicians are not always 100% on point with everything, meaning medicine is not perfect. Essentially, doctors can make perfectly legal mistakes and not be held accountable because of the imperfection of medicine. So, you may be asking yourself what could be a negligent mistake? Below is a common argument to help you gauge the level of the negligent mistake.

The Standard of Medical Care

Did the doctor provide the adequate care defined as the medical standard? If he did not, it would be considered medical malpractice. Another important point to consider is if the plaintiff (you) agree or did anything to cause the medical negligence? Normally, you would need to have an IME (Independent Medical Evaluator) to ensure you did, in fact, obtain injuries due to the negligent actions of the physician.


What about Institutional Liability? What is it? Read More in a recent post...


Medical Recklessness in a Malpractice Case

Medical recklessness is rare. However, when a doctor directly affects your health while being under the influence of substances, such drugs or alcohol would be medical recklessness. An example of medical recklessness is the famous doctor who administered lethal levels of drugs to Michael Jackson which caused his death.

The example mentioned above is a radical example of medical recklessness. Since the doctor did not follow the standard of medical care, he got in big trouble due to the negligent harm he caused to his patient.

What happens if your medical condition got worst?

Even if your medical condition worsened it does not mean the doctor committed medical malpractice. There is never any guarantee even if your condition is treatable. Essentially, if the doctor acted within the medical standard and provided you with adequate care in regards to your medical condition, the doctor cannot be held liable, even if you got worst.

Not all diseases, illnesses or health issues are healed through medicine, if the doctor followed the correct procedures, gave you the correct diagnosis and provided the proper medical care, you cannot hold him responsible, even if the condition is, in fact, treatable or terminal.

Medical Malpractice cases are difficult As you can understand the complexity behind medical malpractice, you may have questions regarding this blog post. I always suggest for you to contact a medical malpractice lawyer in your area for more information about malpractice.


This post is a contribution by Percy Martinez a Florida based Personal Injury Attorney.