What is Medical Malpractice?

Medical malpractice is a term that is commonly used, but often misunderstood. What follows is an explanation of what medical malpractice law covers and how it may apply to you. Medical malpractice occurs when a health care provider commits an act of negligence during the care of their patients. This act can be a physical act which affects the patient's body (such as a mistake resulting in a birth injury), an act of omission by failing to provide the patient with pertinent information, or lying about said information. In the United States, in order for medical malpractice to be duly established, the plaintiff (patient) must be able to establish proof against the defendant (the health care provider) that is based on four main criteria. These four criteria must be established in order to prove that medical malpractice was present and that the provider was negligent in care. The four main criteria for establishing negligence and medical malpractice are:

• A duty was owed to the patient - Whenever a patient receives treatment from a health care provider, a duty legal duty exists between the patient and the provider.
• The duty owed was breached - When the health care provider does not perform to the necessary standard of care, the legal duty between patient and provider is breached.
• The breach of duty causes injury to the patient - The breach that occurs must be the cause of the injury to the patient for the provider to be deemed negligent.
• The patient experiences damages - The breach must causes damages, either pecuniary or emotional, in order for the provider to be proven negligent of their duties.

If these four criteria are met, the patient has grounds for a medical malpractice lawsuit. This information will be taken to trial, so that the patient may receive compensation for the negligence they have suffered from their health care provider. If the a loved one dies as a result of a health care provider's negligence, it may be possible to bring about a wrongful death lawsuit. If anything, it is important to speak with our personal injury lawyers in Phoenix, Arizona to discuss your case.