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Establishing A Firm Medical Malpractice Definition

When it comes to establishing a medical malpractice definition, one has to consider the various ways that he or she may potentially suffer from a medical error. Some cases leave little room for debate, such as those where a doctor’s negligence is blatantly obvious, or where there is tangible evidence of a mistake, such as a surgical tool or supply being left in a patient’s body. Others, on the other hand are not as easy to identify. Below is a brief discussion of what constitutes medical malpractice from the experienced attorneys at Friedman & Friedman.

A Standard Of Care

Unfortunately, most cases of medical practice are rarely obvious, so determining a medical malpractice definition that fits every possible scenario can be difficult. The easiest way to define medical malpractice, therefore, is to look at the established standard of care in the medical profession. This standards involves the minimum level of expertise and skill medical professionals must use when treating patients. The standard of care that is required is the same level and quality of care that would be provided by a similar professional practicing in the same discipline and geographical area. Failure to adhere to the minimum standard of care while treating a patient will typically be grounds for a medical malpractice lawsuit if the patient is injured due to that deviation.

While medical experts are quick to point out that any medical procedure or treatment does not come with a guarantee of satisfaction, there is a standard of care doctors are required to uphold and patients should be able to expect from any medical professional. Any deviation from that standard constitutes medical malpractice under the standard definition. If you believe your doctor has deviated from the standard of care owed to you or you would like more information about the medical malpractice definition discussed above, call (305) 446-6485 (toll free 800-446-6482) now to receive a FREE case consultation with an experienced attorney at Friedman & Friedman.  


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