What is Medical Malpractice?
The negligence of a medical practitioner or healthcare provider that causes harm or death to a patient is medical malpractice. Negligence in the healthcare setting occurs when the medical practitioner or healthcare provider deviates from the standard of care established in the area of expertise for how a reasonable practitioner would act in the same or similar circumstances.
Do Mistakes Occur in Medicine?
Yes, in a survey by RW Johnson Foundation, 95% of Physicians and 85% of nurses have witnessed a serious medical error and 61% of healthcare providers surveyed accept common errors as routine practice.
When do Errors Constitute Medical Malpractice?
Mistakes in Medicine occur because of the negligence of the practitioner. When the negligence of the doctor or healthcare provider causes harm or death to a patient, medical malpractice is said to have occurred. To prove negligence, medical malpractice attorneys rely on experts and expert testimony to indicate a deviation from the established standard of care and practice in a particular discipline.
Proving a medical practitioner’s or healthcare provider’s negligence and such negligence being the cause of harm is what medical malpractice attorneys dedicate their time to. However, each State has strict additional statutory requirements that medical malpractice attorneys would be aware of. The time limitation requirement, known as statute of limitations, can be confusing and may impose a stricter requirement to bring actions against government or public owned healthcare facilities. It is therefore of utmost importance that a medical malpractice attorney be contacted as early as possible to guide the client appropriately.