Let’s tackle an important question that many people have when it comes to healthcare: “What legally counts as medical malpractice?” The term “medical malpractice” is thrown around a lot, but the reality is that not every bad outcome after a medical procedure or visit qualifies as malpractice under the law. In this video, we’ll dive into the legal definition of medical malpractice, what it truly means, and how you can determine if you may have a valid claim.
A Bad Outcome Doesn’t Always Equal Medical Malpractice
The first thing you need to understand is that a bad outcome does not automatically mean you have a medical malpractice case. Many people believe that if they go to the doctor and things don’t go as expected, whether it’s a surgery, a diagnosis, or some other treatment, that it must be medical malpractice. However, that’s not always the case.
Medical procedures and treatments carry inherent risks, and sometimes things don’t go as planned. Under the law, medical malpractice requires more than just a negative outcome. Simply being unhappy with the results or having a complication after a procedure doesn’t automatically mean malpractice occurred. There must be a breach of the standard of care, and that’s where things get more specific.
The Standard of Care: What Is It?
Medical malpractice claims are based on something called a breach of the standard of care. So, what does that mean? In simple terms, the “standard of care” is the level of care that is expected from a doctor or healthcare professional in a given situation. It’s what a reasonable and competent doctor would do in similar circumstances.
For example, if you go to a doctor for a routine checkup, the standard of care would involve the doctor performing a thorough examination, checking for any signs of illness, and discussing your health history. If the doctor fails to perform these basic steps and it results in a misdiagnosis or injury, that could be considered a breach of the standard of care.
The key is that there is a general expectation for doctors to perform their duties in line with what other reasonable healthcare professionals would do in the same or similar situation. If a doctor acts outside of this norm and causes harm, then you may have a case for medical malpractice.
The Causal Connection: Linking Breach of Care to Injury
It’s not enough to simply show that the doctor deviated from the standard of care; you also need to establish a causal connection between the breach and the injury that you sustained. In other words, you must prove that the doctor’s actions, or lack of action, directly caused your injury or worsened your condition.
For example, if a surgeon makes an error during a procedure that leads to a complication, you must show that this error was the direct cause of your injury. If the injury would have happened regardless of the doctor’s actions, then it may not be considered malpractice. The connection between the doctor’s breach of care and the harm you suffered is crucial for a valid medical malpractice claim.
Do You Have a Medical Malpractice Case?
If you’ve been harmed as a result of a doctor’s actions or inactions and believe that the standard of care wasn’t met, it’s important to speak with an experienced medical malpractice attorney. The process of proving a breach of care can be complex, and it’s essential to have an attorney who understands the nuances of medical law on your side.
At Findley Law, we specialize in helping victims of medical malpractice navigate the legal process. If you think you may have a claim or need help determining whether your situation qualifies as malpractice, don’t hesitate to reach out, so we can help you understand your legal rights, gather evidence, and pursue compensation for your injuries.
Call 619-860-1712 or visit us at 1620 Fifth Avenue, Suite 625, San Diego, CA 92101 for a free consultation. Our team is here to help you understand your case and get the justice you deserve.
