Every profession is held to a certain level of standards and duty that they must carry out when performing their services. The failure to uphold these standards may lead to liability based on a malpractice claim. To put it simpler, malpractice is professional negligence.Â Therefore, medical malpractice is the negligence of a doctor or medical care provider.
Courts generally view negligence as any act where the provider failed to use reasonable care under the circumstances. In medical malpractice claims the court will look to see if the health care provider acted differently than what a reasonable prudent health care provider would have acted under the same circumstances. When a provider goes against the standards, for example failing to document all of the treatments a patient had while in their care, then the courts view that as a negligent act. If that negligent act leads to the patient being harmed, for example getting double doses of medicine because his first was not documented, then the courts consider there to be liability.
For a medical malpractice suit to be successful the court must find that there was a negligent act that caused the injury. If both elements are not clearly established, then the court will most likely find that there is not medical malpractice. This is why it is important for any individual who feels they have been harmed by a medical providerâ€™s failure to give them proper care consults with a licensed and skilled attorney. Call the law office of Jayson Lutzky, P.C. today at 800-660-5299 to learn more about your rights as a patient and to set up a free consultation.