What Counts as Medical Malpractice? A Clear Breakdown for Patients

Every year in the U.S., more than 250,000 people die from medical errors, which is now considered the third leading cause of death. Although medical malpractice might seem like it’s about bad outcomes, it’s actually about preventable mistakes. Not all undesirable outcomes count as malpractice, and in this article, you’ll learn the difference.

Medical Malpractice Defined

For a medical situation to be considered malpractice, you must clearly demonstrate four legal requirements: duty of care, breach of that duty, causation, and damages. Here’s a closer look at each of these.

• Duty of care. Proving duty of care is usually the easiest of the four, and establishes that a healthcare provider has a legal duty to act with reasonable care toward you. Duty of care exists when you form a relationship with a healthcare provider where they agree to treat you. This can be as simple as attending an appointment, going to the ER, checking into the hospital, or having surgery.

• Breach of duty of care. A breach occurs when a provider deviates from how a competent peer would act in similar circumstances. This might include ordering the wrong test, misreading lab results, or ignoring complications.

• Causation. It’s not enough to prove your provider made a mistake. You must link the breach directly to harm. For example, if a doctor failed to diagnose a blood clot and you later suffered a stroke, showing that an earlier diagnosis would have prevented it would show causation.

• Damages. For a medical malpractice case to be valid, there must be measurable harm, like physical injury, emotional suffering, or financial loss. Without this, there is no case.

A situation only qualifies for a malpractice lawsuit when all four of these elements are present.

Common Types of Medical Malpractice

There are a variety of errors that can be considered medical malpractice. Some are subtle, but others aren’t. The most common errors involve:

• Misdiagnosis, no diagnosis, or delayed diagnosis. The majority of medical malpractice cases involve a diagnostic error. These mistakes can cause a patient’s condition to worsen and make them lose treatment opportunities.

• Surgical mistakes. Operating on the wrong body part, amputating the wrong limb, leaving surgical instruments in the body, and anesthesia errors are common surgical mistakes that lead to medical malpractice lawsuits. According to Joint Commission data, surgeons operate on the wrong site or patient at least 95 times per year.

• Medication errors. Medication errors account for up to 1.5 million nonfatal injuries every year caused by incorrect dosage, drug interactions, and prescription mix-ups.

• Failures with informed consent. Thanks to Canterbury v. Spence, failure to disclose risks even when procedures are performed correctly can qualify as malpractice.

All of these errors are considered a deviation from reasonable standards that result in harm to the patient.

Substantiated Malpractice Lawsuits Can Be Successful

While medical errors are common, only well-documented, substantiated medical malpractice lawsuits succeed. The bar is high for proving malpractice, and as previously discussed, success requires more than just demonstrating an undesirable outcome.

Only a small fraction of personal injury claims involve medical malpractice despite the large number of people harmed every year. However, around 40% of plaintiffs win, and the average payout is $348,065.

What To Do if You Believe You’ve Experienced Malpractice

If you think you’ve been the victim of medical malpractice, it’s important to consult an attorney right away to find out if you have a case. There are complex rules for medical malpractice lawsuits that you don’t want to get wrong, like the statute of limitations, damage caps, and filing requirements. A lawyer will listen to your situation and advise you on whether or not you have a case. If they decide to take you as a client, they’ll help you gather all the necessary documentation and start building your case.

Getting in touch with a medical malpractice attorney quickly increases your chance of receiving a fair settlement and prevents you from making mistakes that can cost you your case.

Don’t Ignore Your Right To Pursue Compensation

Medical mistakes can have tragic consequences, but not all wounds can be compensated. That’s why it’s crucial to talk to a lawyer if you think you have a case. Don’t hesitate to file a lawsuit and pursue the justice you deserve. You trusted a healthcare provider with your wellbeing, and if they broke your trust, you have every right to hold them accountable and pursue financial compensation.