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Resources - What is Medical Malpractice?


Medical Malpractice Can Be Defined as Substandard Care Given By a Medical Professional

Medical malpractice can be defined as substandard care given by a medical professional. If this substandard care results in some type of injury or death, medical malpractice may have occurred. Though the definition of medical malpractice may seem quite simple, these types of legal cases are often very complex and should be handled by an experienced and knowledgeable medical malpractice attorney. 

Some of the most common forms of medical malpractice include:

  • Medication errors
  • Emergency room errors
  • Nursing home abuse and/or neglect
  • Birth injuries
  • Anesthesia errors
  • Surgical errors

Some medical mistakes are more serious and egregious than others. A physician who leaves a surgical tool inside a body during surgery is certainly careless. Administering the wrong medication to a nursing home patient is likely to fall under the category of substandard care. Yet, some people think that a bad medical outcome automatically results in medical malpractice, but that is not always the case. This sort of misunderstanding often occurs with cosmetic surgery cases in which individuals have a preconceived notion of the desired outcome. If the doctor provides you with his or her best expectations and performs the surgery properly, yet upon healing, you are dissatisfied with the results, medical malpractice did not occur. However, in the case of a nurse or physician administering the wrong medication to a patient due to recklessness, medical malpractice is likely to have occurred. The decision is based on the ability to prove substandard care (i.e., care that the general medical community would claim is below standard or “good” care).

Regardless of the degree of the medical error, it is important to hire an attorney who practices medical malpractice law. You may find that some have a medical degree, and many have extensive medical knowledge. Most medical malpractice attorneys have at their disposal experts and research specialists who can assist in preparing the best case to prove you were injured due to a medical error. Before you hire an attorney to represent you, do your research to ensure you are hiring a medical malpractice attorney who can help you win your case.