What Is Medical Malpractice Negligence?

what is medical malpractice negligenceEven with all the advanced equipment and improved procedures in the healthcare industry, medical malpractice still occurs. But what is medical malpractice negligence? Medical malpractice occurs when any procedure or treatment performed by a medical professional does not meet a designated standard of care in the medical community, and a patient suffers as a result. Either an act or failure to act can constitute medical negligence. While it is most commonly associated with physicians, professionals such as nurses, dentists, and even psychiatrists are equally subject to medical malpractice law.

Malpractice Claims

Medical malpractice often results in injury or death to a patient, but if a medical malpractice victim or their next of kin can establish that the patient was owed a duty of care, the duty was breached, an injury resulted from that breach of duty, and the patient suffered physical, emotional or monetary damages, then they will most likely have a successful malpractice claim. In court proceedings, the plaintiff is either the patient, or someone representing the patient in the event of the patient’s death or inability to be present. The defendant is the provider of the healthcare service, whether it be a doctor, medical clinic, hospital, pharmacy or other healthcare provider.

Malpractice Insurance

Almost all medical professionals have the ability to acquire a form of liability insurance that protects them in the event of a malpractice claim. Some institutions require that their doctors and medical personnel get malpractice insurance as a condition of employment. This insurance entitles them to a medical malpractice attorney who will defend the medical professionals if any claims are filed against them. Getting the answer to the question, “What is medical malpractice negligence?” will allow one to be aware of potential negligent care in the future and to act accordingly. If you believe you have been the victim of medical malpractice, it is important to call an attorney as soon as possible to ensure your claim is filed before the statute of limitations expires in your case. Call (800) 494-1916 today to receive a FREE consultation regarding your medical malpractice case with an experienced attorney at Welmaker Law Firm, P.C.