Marciano & MacAvoy, P.C.

Wednesday, July 27, 2016

Medical Malpractice Laws: What Is Medical Malpractice & Do A Have A Claim?


You have probably heard of the term "medical malpractice" before and likely have a vague idea of what it means. However, medical malpractice is a term that is often used so much that its definition can become meaningless.

In this article we define medical malpractice and discusses examples that commonly lead to medical malpractice lawsuits.


What Exactly Is Medical Malpractice?


Medical malpractice is a term that refers to professional negligence by a health care professional or provider in which treatment given to a patient is below standards, causing the patient to suffer injury or death.

So, what constitutes as substandard treatment? Well, according to medical malpractice law, substandard treatment is considered to be treatment that deviates from the quality of care that a competent health care provider would have provided in a similar situation.

Common Types Of Medical Malpractice Claims

The definition of medical malpractice is fairly vague and so medical malpractice claims can be the result of a variety of different types of negligence.

A health care professional commit medical malpractice for specific acts that he or she committed, such as surgical errors, as well as for omission or failure to act, as is the case in medical malpractice lawsuits involving missed diagnoses.

Some examples of common medical malpractice lawsuits include cases involving:

  • Failure to diagnose / missed diagnosis
  • Surgical / operating errors,
  • Child birth errors,
  • Prescription medication errors,
  • Misdiagnosis
  • Delayed diagnosis
  • Anesthesia errors

Do I Have A Medical Malpractice Case?


Medical malpractice law provides a way for patients to obtain compensation for the damages that may they suffer due as a result of medical negligence. But in order to have a medical malpractice claim, you must be able to prove certain elements and conditions exist.

Proving Elements In A Medical Malpractice Claim


Typically, a medical malpractice claims are filed by patients who suffered injuries due to the negligence of a doctor or other health care provider.

As the plaintiff, you must prove that:

  • A doctor-patient relationship existed
  • You received substandard care from the healthcare provider
  • The negligence of the health care provider directly caused you harm

Speak With A Pennsylvania Medical Malpractice Attorney Today

If you believe that you or a loved one suffered an injury due to medical malpractice, you can contact the medical malpractice attorneys at Marciano Legal today.

We have an office in Philadelphia, PA where we help clients throughout the State of Pennsylvania to file medical malpractice lawsuits.

Call our office today to schedule a free consultation or visit us at our Philadelphia office located at:

Marciano & MacAvoy, P.C.
1515 Market St #1600
Philadelphia, PA 19102
215-866-1942

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