Is a Medical Mistake Always Medical Malpractice?

Is a Medical Mistake Always Medical Malpractice?

By VSCP LAW

When a doctor makes a mistake, it’s not always medical malpractice. 

A medical mistake occurs when a doctor or other healthcare professional makes a mistake in the delivery of care. Perhaps the doctor prescribes you the wrong medicine or the wrong dosage. Or maybe the nurse doesn’t insert your intravenous line correctly. Those mistakes may result in medical malpractice and they may not. Read on to learn when a medical mistake rises to the level of medical malpractice.

Medical malpractice is when the healthcare professional’s error increases your risk of harm or injuries. In order for a medical error to result in a valid medical malpractice claim, the medical malpractice lawyer has to prove four elements:

DUTY

The healthcare professional had a responsibility to care for the patient (legally, a “duty”).

BREACH OF DUTY

The healthcare professional breached that duty – or, failed to provide the standard of medical care expected of them.

CAUSATION

The patient’s injury would not have occurred if it weren’t for the healthcare professional’s actions or inactions. In other words, the healthcare professionals’ medical mistake led to the patient’s injuries or their mistake increased the patient’s risk of harm of sustaining their injuries.

DAMAGES

As a result of the medical professional’s mistake, the patient suffered injuries (known legally as “damages”).  

If you believe you or a loved one has suffered an injury as the result of a healthcare professional’s mistake, contact the experienced medical malpractice lawyers at VSCP Law.

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