Medical errors were recently reported to be responsible for up to a third of all death in America, but how many of those could viably be considered medical malpractice? Doctors make mistakes, they’re only human after all, but not all mistakes amount to malpractice. Oftentimes, it can be hard to know the difference between what does and does not constitute malpractice.
What Is Medical Malpractice?
Simple mistakes are made all the time in hospitals. Nurses and doctors work very long shifts and typically stay very busy the entire time, and while that’s no excuse for causing harm, it does sometimes lead to lapses in judgement or small mistakes. Unfortunately, even the smallest mistake can be disastrous when it comes to healthcare.
If a mistake is made, and it leads an injury, you may be able to file a medical malpractice lawsuit if:
- You have an established doctor/patient relationship
- The care provided to you fell below the accepted standard of care (wrong decisions, mistakes, failure to treat, etc.)
- The mistake, decision or inaction caused your injury
- There are quantifiable damages to you (i.e. money)
If your doctor makes a mistake, it may not be enough to justify a medical malpractice case. Many procedures come with an increased risk, either because they are more medically or practically complicated. So long as these risks were properly explained to you, the mistakes that led to your injury may not be sufficient for a malpractice suit if the harm occurred due to the explained risks.
Hiring a Medical Malpractice Attorney
It’s best to talk to a medical malpractice lawyer about your situation to find out if you have a case. Malpractice cases are extremely complicated. No two cases are the same, which makes it imperative that you have someone on your side with a deep understanding of malpractice law.
The Atlantic City medical malpractice lawyers at Targan & Pender, PC have helped countless victims and families harmed by medical negligence over the years to get what they need to move forward.