If you’ve recently had a bad experience with a medical provider that resulted in harm, you might be wondering if it counts as malpractice. Medical errors are alarmingly common and cause an estimated 250,000 deaths every year in the United States. But not every medical error is malpractice.
Understanding the fine line between a mistake and malpractice can help you avoid unnecessary stress while getting the healing you need.
Understand the standard of care
The “standard of care” is a benchmark against which medical actions are judged. It refers to care that a reasonably competent and skilled healthcare professional would have provided under similar circumstances. For example, it’s considered negligence if your healthcare practitioner made a mistake that the average provider acting with care wouldn’t have made. However, it’s not a one-size-fits-all metric.
The standard varies based on factors like medical specialty, location, and specific circumstances. For example, rural general practitioners might be held to different standards compared to an urban specialist. In any case, deviations from the standard of care can be grounds for a medical malpractice lawsuit when it results in harm or death. This brings up the next point.
Malpractice is rooted in negligence
Experiencing harm doesn’t automatically constitute malpractice. It must be rooted in negligence to count as medical malpractice. A bad outcome alone isn’t malpractice. For example, unintentional medical errors happen all the time. Examples include miscommunication between staff and equipment failure. While unfortunate, not all errors are caused by negligence.
Malpractice occurs when a provider deviates from the standard of care, and that deviation causes injury or death. It must involve negligence, where the provider knew or should have known that their actions could cause harm.
To win a medical malpractice claim, you’ll need to prove that your provider’s negligence directly caused significant harm. This typically requires having thorough documentation and providing expert testimony.
The four elements of a malpractice claim
To establish medical malpractice, you must prove four elements: duty, breach, causation, and damages.
- Duty. There must be a doctor-patient relationship that establishes your provider’s obligation to provide you with competent care.
- Breach. Your provider must have deviated from the standard of care, failing to act as a reasonably competent professional would under similar circumstances.
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Causation. You must prove that the breach of duty directly caused your injury. This usually requires demonstrating that the harm wouldn’t have happened otherwise. - Damages. You must have suffered actual harm, like physical pain, emotional distress, additional medical bills, or lost income.
Malpractice results in harm
To file a malpractice lawsuit, you’ll need to prove that your provider’s negligence resulted in injury. Proving harm to legal standards can be difficult, and that’s why you should consult with a medical malpractice attorney as soon as possible. They’ll assess your situation and let you know if you have a case.
Common medical malpractice errors
Here are the most common situations that count as medical malpractice:
- Misdiagnosis or delayed diagnosis. Failing to diagnose a condition can lead to worsening health or missed treatment opportunities.
- Failure to treat. Ignoring symptoms or not providing necessary intervention can cause health to worsen.
- Medication errors. Prescribing the wrong medication or the wrong dose can cause severe adverse reactions or provide ineffective treatment.
- Not getting a patient’s medical history. Overlooking allergies or existing conditions can lead to harmful drug interactions or procedural complications.
- Not providing follow-up care. Neglecting to monitor post-procedure recovery or not addressing complications promptly can constitute negligence.
- Premature discharge. Releasing a patient too early can result in serious harm.
- Anesthesia errors. Incorrect administration of anesthesia can lead to brain damage, awareness during surgery, or death.
- Surgical errors. Mistakes during surgery, like operating on the wrong site, performing unnecessary surgery, or leaving instruments in the patient, are clear grounds for malpractice.
- Birth injuries. Mismanagement during labor and delivery, like failing to detect fetal distress, can cause lifelong injuries and is a common basis for malpractice lawsuits.
Although these situations commonly form the foundation of medical malpractice lawsuits, it’s not automatic. For example, a provider who discharges a patient too soon can’t be sued unless that early discharge resulted in provable harm.
What to do if you suspect malpractice
If you believe you’ve been a victim of medical malpractice, taking fast action is essential. Request complete copies of your medical records and document everything, including your symptoms, treatments, and communications with healthcare providers.
Most importantly, consult with a medical malpractice attorney to get your case assessed. Acting fast can make a huge difference in preserving your rights and getting the justice (and compensation) you deserve.