What Constitutes Medical Malpractice?

Medical malpractice is defined as a negligent act or omission by a doctor or other medical professional that results in damage or harm to a patient.

Examples

Examples of medical malpractice include misdiagnosing an illness, failing to follow routine tests or procedures, or prescribing a drug not appropriate for the patient's condition.

Frequency

A 1999 survey by the Institute of Medicine estimated that medical errors caused 44,000 to 98,000 patient deaths each year. The survey estimated that about 7,000 people die each year because of prescription or drug-dispensing errors.

Liability

If a health care provider's negligence results in an injury or death, a medical malpractice lawsuit can be filed against the doctor for her actions, the hospital for improper care or training, or any of the government agencies that are responsible for monitoring the hospital's operations.

Standards of Care

An unsuccessful medical treatment doesn't equal malpractice. Courts and lawmakers know that doctors can't guarantee results. Legal standards of care vary by state.

Malpractice Laws

Medical malpractice laws are intended to safeguard your right to recover for any injuries caused by negligence. If you think you have a valid malpractice complaint, talk to a lawyer versed in your state's medical malpractice laws.

References

• Medical Malpractice Statistics

Resources

• Definition: Medical Malpractice
• Healthcare Industry Survey