All About The Legal Torts

What Is Medical Malpractice & How Does It Affect You?

Oct 29

When a hospital, doctor, or other health-care provider causes a patient's injury as a result of a negligent act or omission, it is known as medical malpractice. Errors in diagnosis, treatment, follow-up, or health management could all contribute to the carelessness.

A claim must contain the following features to be considered medical malpractice under the law:

  • A breach of the standard of care - The law recognizes that certain medical standards are recognized by the profession as acceptable medical treatment by reasonably competent health care practitioners under like or similar situations. The term "standard of care" refers to this. A patient has the right to expect health-care providers to follow certain guidelines when providing care. Negligence may be shown if the standard of care is not met.
  • The carelessness resulted in an injury - It is not enough that a health care provider broke the standard of care for a medical malpractice claim to be valid. The patient must additionally show that he or she was injured as a result of negligence. A negative consequence is not malpractice in and of itself. The patient must show that his or her damage was caused by someone else's negligence. There is no case if there is an injury that was not caused by negligence or if the negligence did not result in a harm.
  • Medical malpractice claims are expensive to litigate -  often involving the testimony of several medical experts and countless hours of deposition testimony. For a case to be valid, the patient must be able to demonstrate that a considerable amount of money was lost as a result of an injury caused by medical malpractice. If the losses are minor, the cost of pursuing the claim may outweigh the final recovery. A patient must establish that the damage caused disability, loss of income, unusual pain, suffering, and hardship, or considerable past and future medical expenditures in order to file a medical negligence claim.


Medical Malpractice Exercising Examples

There are many different types of medical misconduct. Here are a few examples of medical malpractice that could result in a legal action:

  • Diagnosis error or failure to diagnose
  • Laboratory results that are misread or ignored
  • Surgical procedures that aren't needed
  • Errors in surgery or surgery performed at the incorrect location
  • Medication or dosage that isn't correct
  • Poor aftercare or follow-up
  • Discharged too soon
  • Ignoring or failing to obtain adequate patient information
  • Inadequate testing orders
  • Ignorance of symptoms


Select a Medical Malpractice Lawyer who is Board Certified

If you suspect you or a family member has suffered a serious harm as a result of medical negligence, you should seek legal advice from a Board Certified medical malpractice attorney.

Medical malpractice lawyers who are ABPLA Board Certified are among the best in the country. Experience, Ethics, Education, Examination, and Excellence in professional liability law are all requirements that a Board Certified attorney must meet and exceed.


What Is Legal Malpractice and How Does It Affect You?

A lawyer commits legal malpractice when he or she makes a mistake, omission, or breach of duty to the client or the judicial system that results in a poor legal outcome or financial loss for the client or a third party.

A claim must meet the following criteria in order to be declared malpractice under the law:

  • There was a breach of the standard of professional behavior - The law recognizes that the profession recognizes certain legal standards as acceptable activity. The ethics guidelines of the state bar organization play a significant role in determining these professional standards. Attorneys owe duty to their clients and the legal profession to follow these guidelines. Clients have the right to expect their attorneys to respect the law, operate ethically and honestly, act in their clients' best interests with honesty, diligence, and good faith, and execute their matters at a degree of proficiency that protects their legal rights. Lawyers must also keep track of all money and/or property handled for clients and provide them with comprehensive and detailed reports. Finally, attorneys must not harm third parties by bringing frivolous lawsuits or pursuing malicious prosecution. Negligence may be shown if professional conduct norms are violated.
  • A legal malpractice claim cannot be valid unless the negligence resulted in a negative legal outcome. In addition, the plaintiff must show that the negligence resulted in legal, monetary, or other unfavorable consequences. A negative consequence is not malpractice in and of itself. A direct causal link must exist between a breach of professional conduct and the bad outcome.
  • Legal malpractice lawsuits are costly to litigate, and the negligence resulted in considerable damages. The plaintiff must establish substantial losses as a result of the carelessness for the lawsuit to be valid. If the losses are minor, the cost of pursuing the claim may outweigh the final recovery. To be worthwhile, the plaintiff must demonstrate that the outcome resulted in losses considerably in excess of the legal fees and expenses required to file the action.

Negligence on the part of attorneys is exemplified by the following examples

There are a variety of ways that an attorney can commit malpractice. The following are some examples of medical malpractice lawsuits:

  • Interests incompatible
  • Errors or omissions that cause a client's case to be dismissed
  • Statute of Limitations (SOL) is missing
  • Client monies are misappropriated
  • False billing
  • Legal documents that were poorly worded
  • Fiduciary obligation is a legal term that refers to when someone owes you money
  • Attorney-client confidentiality has been violated
  • Lack of due diligence or abandonment of a client's case
  • Exerting undue influence on behalf of a customer that is not in his or her best interests
  • Legal advice that is inadequate
  • Litigation that is slanderous or frivolous
  • Excessive client-funded litigation
  • Justice was obstructed
  • False evidence presentation
  • Deception or malfeasance

If you suspect you or a family member has been the victim of legal malpractice, you should seek legal advice from a Board Certified legal malpractice attorney.