What is Medical Malpractice?

Medical malpractice occurs when a medical professional’s negligence causes injuries to a patient. Medical malpractice verdicts and settlements hold medical professionals accountable for their negligence and provide relief to patients who have suffered injuries as a result of that negligence. It is reported that 1 in 14 medical malpractice claims payout over one million dollars. Basic elements of medical malpractice include the following:

1. The patient was owed a duty of care – Medical professionals owe a duty of care to their patients. That duty of care arises when a medical professional patient relationship is established.
2. The medical professional was negligent – Negligence occurs when a medical professional breach his or her duty of care to the plaintiff. Generally speaking, the duty of care is based on the level and type of care that a similarly situated medical professional would have provided under the same circumstances. A breach occurs when the level and type of care falls below the accepted medical standard of care.
3. The medical professional’s negligence caused patient injuries – It must be shown that a medical professional’s negligence was a direct cause of the patient’s injury.
4. Actual damages – A plaintiff needs to show that he or she suffered actual damages such as loss of wages, pain and suffering, and/or medical bills related to the injury.