What Exactly Qualifies as Medical Malpractice?

If you’re wondering if your case qualifies for medical malpractice, you may want to read this first.

Medical malpractice leaves a patient negatively impacted by the actions of a medical professional. However, not every injury or accident is malpractice. Keep reading to learn what exactly qualifies as medical malpractice.


Judge Dan Hinde

Standard Care Violations

The law requires certain medical standards to be met by health care professionals. It should result in consistent treatment amongst all healthcare professionals. This is called standard care.

When standard care isn’t met it can result in misdiagnosis and other avoidable problems. This is when many medical malpractice suits are considered. However, be aware that standard care violation alone isn’t enough for medical malpractice.

Negligence Caused Injuries

When standard care has been violated, the next thing you need for a medical malpractice case is injuries due to negligence. This must be an injury that could’ve been preventable with proper care. You’ll also have to prove it resulted in negative legal and monetary consequences.



When standard care has been violated without resulting in injury, it doesn’t meet the medical malpractice requirements. Without negligence, there’s no case. There must be a direct link between the negative outcome, to the standard care violation.

Injury Resulting in Significant Damage

Medical malpractice cases can be costly. If the injuries sustained don’t add up to a higher cost than the price of litigation, then the case may not be viable. To pursue a claim, you must show the following:

  • It resulted in a disability
  • Loss of income
  • Significate past and future medical bills
  • Suffering and hardship
  • Unusual pain

To be worth pursuing, you’ll want to prove it resulted in losses far greater than the legal costs. A medical malpractice lawyer can help you discover the best options for you.

Examples of When it Is Medical Malpractice and When it’s Not

There are different forms of medical practice. The negative impact on a patient can result in financial burden, significant injury, and death. Here are some examples of when it does qualify:

  • Unnecessary surgery or surgical errors, including the wrong site
  • Discharging prematurely and, or inadequate follow-up aftercare
  • Failing to order testing, misreading or ignoring lab results
  • Failure to recognize symptoms and diagnose properly
  • And more

There are times when it doesn’t qualify as medical malpractice. Examples being when a patient’s condition worsens or when it’s untreatable. Sometimes there’s only so much a doctor can do.

Final Thoughts

If you believe you’ve been the victim of medical malpractice, there’s something you can do. By using the information that you read here today, you’ll have the knowledge to prepare for a meeting with a medical malpractice lawyer. They’ll be able to assist you in putting together a viable case with the evidence you provide.

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