Unfortunately, complications or a bad outcome can occur after treatment. But this does not necessarily mean medical malpractice happened. So, when can you take legal action against a healthcare provider or a hospital?
This guide discusses what constitutes medical malpractice:
Failure to provide a proper standard of care
A healthcare provider should adhere to certain medical standards to protect a patient from a foreseeable risk of harm. For example, a hospital should ensure their facility is hygienic to prevent hospital-acquired infections. A surgeon should order routine lab tests to discover any potential problems that can complicate surgery. A doctor should diagnose a patient on time, and so on. Failing to do these things could amount to negligence.
An injury resulted from the negligence
To claim, a patient needs to show that the injury would not have occurred unless the medical professional was negligent.
The injury caused significant damages
Significant damages are crucial in medical malpractice claims. Examples include disability, chronic pain, loss of enjoyment of life, enduring hardship, considerable loss of income and medical bills.
Medical malpractice claims can be expensive. A patient may incur filing costs, attorney fees, costs for requesting medical records and expert witness fees, among others. That’s why a patient should have suffered significant damages to litigate such a claim. It can be impractical for a patient to pursue a case that would cost them considerably more than the damages they suffered.
If you experienced medical malpractice, you should consider legal help to obtain more information about your case and know the steps to take.