What Counts as Medical Malpractice?

‘Medical malpractice’ refers to when a patient suffers harm, injury, or even death due to below-standard care or neglect from a healthcare provider. The provider’s actions must stray from the reasonable standard of care for their profession to be considered medical malpractice.

By working with the best medical malpractice attorneys in Phoenix from Gage Mathers, you can find out if your situation is considered medical malpractice. What does a medical malpractice attorney do? These attorneys specialize in medical malpractice cases and can help you build a case, file a lawsuit, locate experts to support your case, and get you the compensation you deserve.

What Is Medical Malpractice?

If you’ve been harmed or injured while in the care of a healthcare professional because they failed to provide appropriate care or treatment, you may have a medical malpractice case. This means you can file a claim to get money that covers additional medical expenses, lost wages or future lost wages, and pain and suffering.

Who Is Liable?

In these cases, you need to prove the provider was negligent–meaning they failed to provide you with an appropriate level of care. But, who can be held liable?

Any licensed healthcare provider who was responsible for your treatment or care that resulted in the injury or damage can be held liable. This can include:

• Doctors and physicians
• Nurses
• Physical therapists
• Pharmacy technicians
• Lab technicians
• Dentists
• Hospitals
• Blood banks and plasma collection centers

You must be able to prove that the provider you file a suit against was responsible for your care and that their actions or inactions resulted in the injury or damages.

Examples of Medical Malpractice

So, what are some examples of medical malpractice? Many situations can count as medical malpractice, but here are a few common examples:

• Medication errors: When a provider prescribes or administers the wrong medication or dosage, either knowingly or unknowingly
• Anesthesia errors: When a provider makes a mistake in administering anesthesia causing allergic reactions, respiratory (breathing) problems, or death
• Lack of informed consent: When a provider does not tell a patient all of the risks of a procedure before a procedure
• Delayed diagnosis/misdiagnosis: When a provider misdiagnoses or provides a delayed diagnosis to a serious condition, such as failing to diagnose a stroke, or signs of cancer
• Surgical errors: When a surgeon uses contaminated tools, leaves behind surgical tools inside the patient’s body, or operates on the wrong area of the patient’s body
• Birth injuries: When either the mother or the newborn are injured during labor and delivery
• Premature discharge: When a provider discharges a patient before their treatment is completed or when they should reasonably remain under medical monitoring

Discuss the details of your case with a medical malpractice attorney to see if what you experienced counts as medical malpractice. Even if you don’t see your situation on the list, it doesn’t mean you do not have a case.

What You Need to Prove

When you file your medical malpractice lawsuit, you need to prove these four things:

Duty

Duty shows that you had a doctor-patient relationship with your healthcare provider. You will need patient records, prescription documentation, and other written evidence that proves this healthcare provider was responsible for your medical care.

Breach of Duty

Next, you need to show that the provider breached their duty to provide quality care and treatment. That means they failed to provide a standard level of care expected for their role. Usually, expert testimony can help prove that any other provider with the same training and experience would have provided better care under the same circumstances.

Causation

You need to prove that the provider’s actions or inactions either caused your injury or made it worse. The provider’s insurer may try to claim you did something to worsen your condition, such as failing to follow the doctor’s care instructions. This is where your medical malpractice attorney can support you and help build your case.

Damages

Finally, you need to prove that you suffered from some sort of damage or harm as a result of the malpractice. This can be physical, monetary, emotional, and psychological. Other examples of damages include physical pain, mental pain, and lost time at work.

Unsure if you have a case? Need support from experts? Call Gage Mathers today to see how our team can help you during this difficult time!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
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