What Constitues Medical Malpractice?

What Constitues Medical Malpractice?

When patients suffer harm as the result of the negligent care of a medical professional, they may have a claim for medical malpractice. However, not all poor outcomes are the result of medical malpractice. As a result, identifying what may be considered malpractice is important.

Generally medical malpractice refers to a situation where a health care professional – whether a doctor, nurse or other hospital staff – fails to follow the requisite standard of care expected for his or her area of practice. It's typically not medical malpractice where a doctor or nurse does everything they should, but a patient has an adverse outcome. On the other hand, where health care professional fail to perform their job as is expected, they may be held liable for medical negligence. Some examples of this may be "never events" – where doctors make mistakes such as performing wrong site surgery or leaving behind medical instruments or sponges in a patient following surgery. A delay in diagnosis or misdiagnosing a condition may also be considered medical malpractice where a patient's outcome or prognosis is worse as the result of the failure to promptly diagnose and treat the patient. Additionally, many times hospital-acquired infections are the result of medical malpractice and the failure to follow proper sanitization guidelines.

These are just a few examples of medical malpractice. If you believe that you or a loved one has been harmed by medical malpractice, it is important to consult as soon as possible with an experienced San Diego medical malpractice lawyer who can begin an investigation into your matter.

For more information, please contact the dedicated and compassionate San Diego medical malpractice attorneys at Bostwick & Peterson, LLP for an immediate consultation.


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