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WHAT IS & IS NOT MEDICAL MALPRACTICE?

by Esther M. Gallagher, M.D.

What is Medical Malpractice?

Medical Malpractice is a type of negligence. Doctors and all other medical or dental care providers can commit Medical Malpractice.

Specific legal elements must exist for a case to be successful. Medical negligence exists when the care provider "deviates from acceptable standards of medical care" - when the doctor acts or fails to act in ways that similar providers would act under the same circumstances.

However, more than just the negligence is needed. The deviation by the doctor must also cause you some damage as defined by the law. Witnesses (including medical experts) must be able to show the judge and jury that you have suffered some form of harm because of the deviations. Common harms are loss of some body organ or function, loss of chance of a cure (often with cancer), death, lost wages, loss of enjoyment of life, pain and suffering, medical expenses, and the like.

Contact our Philadelphia Medical Malpractice Attorneys and we will advise you of your rights and legal options.

An example of Medical Malpractice:

If a doctor fails to admit you to the coronary care unit of a hospital when you have severe chest pain (suggesting a heart attack in progress), (s)he has deviated from acceptable standards of care and is negligent. If you go home and suffer the heart attack, his negligence has caused you damage. You have a medical malpractice case.

However, if you walk out of the doctor's office, go to the emergency room or to another doctor, and you receive proper care before the chest pain causes you permanent heart damage, then in the eyes of the law you have not suffered adequate damages for a malpractice case. Even though you received poor medical care from the first doctor, you have avoided the damage (s)he may have caused. You could have died because of this doctor, but remember that the law will only consider what did happen to you as a result of the doctor's negligent acts, not what might have happened to you.

What is NOT Medical Malpractice?

Not all bad care or offensive conduct will result in a Medical Malpractice claim. For example, while rude or verbal ill-conduct may be a violation of ethics and licensing rules, this conduct is not Medical Malpractice. Similarly, while failure to give the proper advice and treatment is not good medical practice, it is not necessarily Medical Malpractice. A medical services provider's conduct does not give rise to a claim unless it is medical or dental care that falls below accepted standards.

The doctor who failed to properly diagnose your chest pain and admit you to prevent your heart attack delivered bad care, but you persisted and got the proper care. Like the provider who may verbally abuse you or ignore you or fail to return your calls, both may be reported to the appropriate licensing agencies that monitor unethical and negligent conduct.

Sometimes a doctor may give acceptable or even good care and a bad result occurs anyway. Our bodies are subject to all kinds of problems that can occur with or without good care. A bad result is not Medical Malpractice unless the conduct is below the standard and proven to be the cause of damage.

Contact our Philadelphia Medical Malpractice Attorneys and we will advise you of your rights and legal options.