One of the challenges that comes with medical malpractice cases is determining whether or not it actually occurred. Every incident involving a medical provider is not necessarily medical malpractice. To help you determine if you have a case, it is important to understand when a case is and is not malpractice, so read more to find out if your case is medical malpractice.
Is It Malpractice?
The crux of any malpractice case is negligence. You have to show that your medical provider's actions were negligent and resulted in an injury to you. For instance, if your doctor failed to perform the tests necessary to detect heart disease and you suffered a heart attack, you could potentially have a case. In this instance, your lawyer would need to prove that the doctor had failed to provide care that would be considered standard. An expert can help the court to understand what is considered standard care in your situation.
Another possible instance in which your provider's actions could be considered grounds for malpractice is if he or she behaved in a reckless manner. For instance, if your doctor incorrectly administered high doses of medication to you and you suffered an injury, this would be considered malpractice.
There are countless other incidents in which a case could be considered malpractice. However, it is important you also understand when a case is not thought to be malpractice.
When Is It Not?
Most situations in which a doctor has provided the best standard of care usually are not considered malpractice. For instance, if you are diagnosed with diabetes and the doctor follows the usual protocol for treating you, he or she cannot be blamed if the condition does not improve. Even if you are treated by another doctor and he or she does help to improve your condition, the first doctor is usually not considered at fault.
Malpractice usually does not apply to cases in which a condition cannot be treated. If your condition is considered to be terminal, it is generally considered not to be the fault of the doctor. As long as the doctor provided a standard of care, the doctor is thought to have fulfilled his or her duty.
To adequately assess whether or not your particular situation meets the standards for medical malpractice, consult with an attorney experienced in handling malpractice cases. He or she can not only help you determine if your case does qualify as malpractice, but help you file the documentation necessary to take action against your medical provider.