Medical malpractice is medical negligence. If you receive substandard medical treatment and it leads to injury or illness, then you may be the victim of medical malpractice. In a medical malpractice suit, the patient proves that the medical staff deviated from the correct or standard treatment. With the burden on the patient, it is important that a patient has his or her information correct before claiming medical malpractice.
The National Law Review explains that to prove causation, the defense needs to use medical experts to provide the standard of care. What is the appropriate standard of care for that particular condition? This will help assess whether the medical provider did not live up to the standard. Once you can prove that the medical staff did not apply the correct standard of care, you must prove that there was a direct link between the care and the injury.
Medical malpractice can become complicated. For instance, some medical procedures have inherent risks. If you undergo surgery and develop a well-known complication that occurs with the correct standard of care, then odds are you do not have a medical malpractice case. Now, say that the doctor failed to diagnose you with an illness that became progressively worse. While the doctor did not cause your condition, he or she did not provide you with lifesaving or preventative care and hence they may be liable for the worsening illness. A patient must prove that the staff acted in a negligent way.
None of the above information is legal advice. It is for educational purposes only.