Coffee Break

What is Medical Malpractice?

Many professions require the people working in them to adhere to a set of certain standards. Malpractice, or negligence, occurs when these standards are not met, resulting in injury, loss, or damage. Medical malpractice is a legal course of action that occurs when an injury is caused as a result of medical professionals being negligent and not adhering to these standards. Here are just a couple of basic pieces of information about medical malpractice.

What is it?

In tort law, medical malpractice, or professional negligence, occurs when the treatment that is administered by a medical professional fall below the accepted standard. It can result in injury or death of the patient and sometimes it also constitutes as a criminal act. Some specific lawyers handle the different types of medical malpractice, including birth injury, surgical errors, and diagnostic errors. Medical malpractice laws can vary by jurisdiction, and here you’ll see different approaches to Minneapolis medical malpractice lawyers. However, the medical practitioner is generally liable if they do not have a reasonable, competent, and fair degree of skill when they provide medical care to a patient.

What counts as medical malpractice?

Laws vary depending on the jurisdiction, so the laws around medical malpractice can vary from location to location, and there are also different types of medical malpractice. However, there are generally thought to be three categories into which medical malpractice claims fall:

  • Failure to diagnose– this is an alleged failure to link symptoms with an illness and the failure to diagnose a patient before serious or fatal consequences develop.
  • Negligent treatment- occurs when a medical professional allegedly makes a mistake that another medical professional in the same position and of reasonable competence would not have made.
  • Failure to warn- this is when the medical professional treats the patient without properly warning them of the known risks or gaining their informed consent to that particular course of treatment.

Different types of medical malpractice can include birth injury, nursing home malpractice, surgery or anesthesia mistakes, and medication mistakes. When you visit a healthcare professional, you trust that they will perform their duties to the highest medical standards, and when this does not occur, medical malpractice can happen.

How to become a medical malpractice lawyer.

It can benefit you greatly by having some medical or biological qualifications as a medical malpractice lawyer. The general course of becoming a lawyer involves a bachelor’s degree in a related subject, passing the law school admissions test, studying for a JD (Juris Doctor), passing the bar exams, and gaining your license, and then further study or beginning your career. When studying a JD, you could combine this qualification with one in biology or medicine, which would be beneficial to those considering becoming a medical malpractice lawyer.

This is just some general information about medical malpractice, and the best people to consult are lawyers who are experts in this area. Medical malpractice is a large area of tort law that falls under the category of negligence.