What Is Medical Malpractice?

Medical malpractice happens when a healthcare provider fails to provide the accepted standard of care when treating a patient, resulting in harm.

While doctors and medical professionals are highly trained, mistakes can happen. However, not every mistake qualifies as malpractice. For an action to be considered malpractice, the error must qualify as negligence, meaning the provider acted outside of the accepted medical practices, causing injury or worsening the condition of a patient.

It’s important that victims seek accountability for these preventable medical errors, not only to compensate them fairly for damages but also to help healthcare providers recognize their responsibilities and avoid potentially harmful mistakes.

The Legal Definition of Medical Malpractice

For a medical malpractice claim to be valid, there are three key elements which must be proven:

1. The healthcare provider had a duty of care, meaning they were responsible for treating the patient.
2. The provider breached that duty by failing to follow the accepted standard of care.
3. That breach directly caused harm to the patient, leading to injury, illness, or complications.

If all three elements are present, the patient may have a valid medical malpractice case.

Common Types of Medical Malpractice

Malpractice can happen in many ways. Some of the most common include:

• Misdiagnosis or delayed diagnosis – If a healthcare professional fails to diagnose a serious condition or provides an incorrect diagnosis, their patient could miss crucial treatment, allowing the condition to worsen.
• Surgical errors – Mistakes during surgery, like operating on the wrong body part, leaving surgical instruments inside a patient, or performing an unnecessary procedure, can have life-threatening consequences. The National Library of Medicine (NLM) shows that at least 4000 surgical errors happen in the US every year.
• Medication errors – Prescribing an incorrect medicine, administering the wrong dosage, or failing to check for potentially dangerous interactions can all lead to severe complications.
• Birth injuries – Negligence during childbirth, such as failing to monitor fetal distress or using excessive force, can cause lasting harm to both the mother and baby.
• Anesthesia errors – Administering too much or too little anesthesia, or not being familiar with a patient’s medical history, can lead to severe injury or even death.
• Failure to obtain informed consent – Doctors must inform patients of potential risks before a procedure. If they’re not properly informed and suffer complications, it can result in a malpractice claim.

How Medical Malpractice Cases Are Proven

Proving medical malpractice is often difficult, as the law requires strong and convincing evidence that clearly demonstrates that a healthcare professional acted in negligence.

The process typically involves:

• Medical records review – Attorneys and experts analyze patient records to identify errors or deviations from standard care.
• Expert testimony – Medical professionals in the same field provide opinions on whether the care given was negligent.
• Causation proof – The patient must show that the provider’s negligence directly caused harm, not an unrelated medical condition.

Because medical malpractice claims are complex, most patients work with attorneys who specialize in medical negligence cases.

Consequences of Medical Malpractice

Medical malpractice can have devastating consequences for victims and their families.

While some may experience only minor complications, others can suffer life-altering injuries or worse. The most severe cases result in permanent disability, loss of quality of life, or wrongful death.

Beyond physical harm, malpractice can create emotional and financial stress. Victims often face costly medical bills for corrective treatment, lost or reduced wages because they can’t work, and ongoing pain and suffering.

Successful malpractice claims can help patients recover fair compensation for these damages.

How to Prevent Medical Malpractice

The National Library of Medicine reports that 400,000 hospitalized patients experience some form of preventable medical harm each year.

Still, there are some steps you can take, as a patient, to reduce your risk of experiencing medical malpractice:

1. Asking questions – Clarify diagnoses, treatment options, and potential risks before undergoing any procedure.
2. Seeking a second opinion – If a diagnosis or plan of treatment doesn’t seem right to you, consult with another doctor to get clarity.
3. Keeping medical records – Keep detailed records of your symptoms, treatments, and prescriptions you’re given to help track your medical history and detect errors.
4. Being proactive – If something feels wrong during treatment, speaking up can prevent mistakes before they cause you harm.

While doctors and hospitals have a responsibility to provide safe and effective care, patients who take an active role in their health can reduce the risk of medical errors.

Medical malpractice can involve misdiagnosis, surgical mistakes, medication errors, or birth injuries, and proving these requires experience in demonstrating that a provider breached their duty of care, directly causing harm.

At Owen, Owen & Smith, PLLC, we firmly believe that patients who suffer due to medical negligence have the right to seek justice and compensation for their injuries.

While malpractice cases can be complex, our experienced attorneys can provide you with a path to justice and help hold healthcare providers accountable for preventable errors.